Trade Name (DBA) Registration Notice - Wisconsin

TRADE NAME (DBA) REGISTRATION AND NOTICE

State of Wisconsin

IMPORTANT NOTICE

Wisconsin offers two primary pathways for registering a trade name (DBA):

1. Department of Financial Institutions (DFI): Registration under Wis. Stat. § 132.11 with the DFI provides statewide notice of the trade name. This is the most common registration method. Registration is valid for ten (10) years and costs $15.00.

2. County Register of Deeds: Under Wis. Stat. § 134.17, certain businesses (particularly sole proprietors and partnerships) may also file a fictitious name certificate with the Register of Deeds in the county where business is conducted.

Wisconsin law does not require the registration of trade names — registration is optional but recommended for notice and protection purposes. Under Wis. Stat. § 132.01, Wisconsin recognizes both common law and statutory causes of action for infringement of trade names.

PART ONE: REGISTRANT INFORMATION

1.1 Registrant Identification

Full Legal Name of Registrant: [________________________________]

Entity Type (check one):

☐ Sole Proprietorship
☐ General Partnership
☐ Limited Partnership
☐ Corporation (Domestic)
☐ Corporation (Foreign)
☐ Limited Liability Company (Domestic)
☐ Limited Liability Company (Foreign)
☐ Limited Liability Partnership
☐ Other: [________________________________]

State/Country of Organization (if entity): [________________________________]

Wisconsin DFI Entity ID (if applicable): [________________________________]

1.2 Contact Information

Principal Place of Business Address:

Street: [________________________________]

City: [________________________________] County: [________________________________]

State: WI Zip: [________]

Mailing Address (if different):

Street: [________________________________]

City: [________________________________] State: [____] Zip: [________]

Telephone: [________________________________]

Email: [________________________________]

1.3 Owners / Partners (if applicable)

PART TWO: TRADE NAME INFORMATION

2.1 Trade Name (DBA)

Trade Name Under Which Business Will Be Conducted:

[________________________________]

2.2 Nature of Business

Description of Business Activities:

[________________________________]

[________________________________]

2.3 Date of First Use

Date Trade Name Was First Used in Wisconsin: [__/__/____]

Date Trade Name Was First Used Anywhere: [__/__/____]

☐ Not yet in use; anticipated commencement date: [__/__/____]

2.4 Business Location(s) in Wisconsin

Primary Business Location:

Street: [________________________________]

City: [________________________________] County: [________________________________]

PART THREE: WISCONSIN STATUTORY REQUIREMENTS

3.1 DFI Registration (Wis. Stat. § 132.11)

Under Wis. Stat. § 132.11, a person may register a trade name with the Wisconsin Department of Financial Institutions (DFI). Registration provides:

☐ Statewide notice of the trade name
☐ Evidence of the registrant's claim to the name
☐ A basis for enforcement under Wis. Stat. § 132.01

Important: DFI registration is not mandatory, but it is the primary method for establishing a public record of trade name use in Wisconsin.

3.2 Registration Requirements

The application for registration with DFI must include:

☐ The trade name to be registered
☐ The applicant's full legal name and address
☐ A description of the goods or services
☐ The date of first use of the trade name in Wisconsin
☐ The date of first use of the trade name anywhere
☐ The type of entity

3.3 County Filing (Wis. Stat. § 134.17)

Under Wis. Stat. § 134.17, certain businesses (particularly sole proprietors and partnerships) operating under a fictitious name may also file a certificate with the Register of Deeds in the county where business is conducted. This provides local notice of the DBA.

3.4 Trade Name Protection (Wis. Stat. § 132.01)

Wis. Stat. § 132.01 recognizes a cause of action for trade name infringement. Any person who uses a trade name with intent to deceive the public or injure the lawful owner may be liable for damages and subject to injunctive relief.

3.5 Filing Fees

DFI Registration:

County Register of Deeds:

3.6 Filing Offices

Department of Financial Institutions (DFI):

Wisconsin Department of Financial Institutions
Division of Corporate & Consumer Services
4822 Madison Yards Way, North Tower
Madison, WI 53705

Online Filing: https://www.wdfi.org/apps/trademarks/

County Register of Deeds:

Register of Deeds of [________________________________] County

Address: [________________________________]

PART FOUR: DFI TRADE NAME REGISTRATION APPLICATION

(Pursuant to Wis. Stat. § 132.11)

APPLICATION FOR REGISTRATION OF TRADE NAME

TO: Wisconsin Department of Financial Institutions

The undersigned hereby applies for registration of the following trade name pursuant to Wis. Stat. § 132.11:

1. Trade Name: [________________________________]

2. Applicant's Full Legal Name: [________________________________]

3. Entity Type: [________________________________]

4. State of Organization (if entity): [________________________________]

5. Applicant's Address:

Street: [________________________________]

City: [________________________________] State: [____] Zip: [________]

6. Description of Goods or Services:

[________________________________]

[________________________________]

7. Date of First Use in Wisconsin: [__/__/____]

8. Date of First Use Anywhere: [__/__/____]

9. Registration Term:

This registration is for a term of ten (10) years from the date of registration, pursuant to Wis. Stat. § 132.12.

10. Declaration:

The undersigned declares that the information contained in this application is true, correct, and complete, and that the applicant believes it has the right to use the trade name in Wisconsin.

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Title: [________________________________]

PART FIVE: COUNTY FICTITIOUS NAME CERTIFICATE

(Pursuant to Wis. Stat. § 134.17 — For Sole Proprietors and Partnerships)

CERTIFICATE OF FICTITIOUS NAME

COUNTY OF [________________________________], STATE OF WISCONSIN

The undersigned hereby certifies pursuant to Wis. Stat. § 134.17:

1. Fictitious Business Name: [________________________________]

2. Registrant Information:

3. Business Address in [________________] County:

[________________________________]

4. Nature of Business:

[________________________________]

5. Date Business Commenced Under Fictitious Name: [__/__/____]

6. Declaration:

The undersigned declares that the information contained in this certificate is true, correct, and complete.

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

PART SIX: RENEWAL OF DFI REGISTRATION

(Wis. Stat. § 132.12)

6.1 Registration Term

Under Wis. Stat. § 132.12, a trade name registration with DFI is effective for ten (10) years from the date of registration.

6.2 Renewal Requirements

☐ File a renewal application with DFI within six (6) months before the expiration date
☐ Pay the $15.00 renewal fee
☐ Verify that all registration information remains current

6.3 Renewal Timeline

6.4 Consequences of Failure to Renew

☐ The registration expires at the end of the ten-year term
☐ The registrant loses the statutory notice benefits of registration
☐ The trade name may be registered by third parties
☐ A new registration (with new $15.00 fee) would be required

PART SEVEN: CANCELLATION

(Wis. Stat. § 132.13)

7.1 Voluntary Cancellation

When the registrant ceases use of the trade name:

☐ File a cancellation request with DFI
☐ No filing fee for cancellation
☐ Cancellation is effective upon acceptance

7.2 Cancellation of County Filing

☐ Contact the Register of Deeds for the applicable county
☐ File a notice of withdrawal or cancellation as required by the county

PART EIGHT: OPTIONAL PUBLICATION NOTICE

Wisconsin does not require newspaper publication for trade name registrations. However, publication may be required by certain lenders, counterparties, or for additional public notice.

PUBLICATION TEXT

NOTICE OF TRADE NAME REGISTRATION

Notice is hereby given that [Legal Name of Registrant], [entity type], located at [Business Address], is conducting business in the State of Wisconsin under the trade name "[Trade Name]". This trade name has been registered with the Wisconsin Department of Financial Institutions pursuant to Wis. Stat. § 132.11.

[Legal Name of Registrant]

Date: [__/__/____]

Publication Checklist

☐ Select a newspaper of general circulation in the county of the business
☐ Publish once per week for [____] consecutive weeks
☐ Obtain Affidavit of Publication upon completion
☐ Retain in business records

PART NINE: PENALTIES AND ENFORCEMENT

9.1 Trade Name Infringement (Wis. Stat. § 132.01)

Under Wis. Stat. § 132.01, Wisconsin provides both common law and statutory remedies for trade name infringement:

☐ A person who uses a trade name in a manner likely to cause confusion may be liable for damages
☐ The lawful owner may seek injunctive relief to prevent unauthorized use
☐ Registration with DFI provides evidence of the registrant's claim to the name

9.2 No Mandatory Registration Penalties

Because Wisconsin does not mandate trade name registration, there are no penalties for failure to register. However, unregistered trade names may be more difficult to enforce against infringers.

PART TEN: NOTARY ACKNOWLEDGMENT (OPTIONAL)

Wisconsin does not require notarization for trade name registration filings. However, the following notary block is provided for optional use.

State of Wisconsin
County of [________________________________]

On this [____] day of [____________], [________], before me, the undersigned Notary Public, personally appeared [________________________________], who is personally known to me or who has presented satisfactory evidence of identity, and acknowledged that he/she executed the foregoing instrument on behalf of the entity therein named.

Notary Public Signature: _________________________________

Notary Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

PART ELEVEN: EXECUTION

IN WITNESS WHEREOF, the undersigned has executed this Trade Name Registration and Notice as of the date set forth below.

Registrant: [________________________________]

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Title: [________________________________]

PART TWELVE: FILING INSTRUCTIONS AND CHECKLIST

Complete Filing Guide

Step 1: Choose Registration Method(s)

☐ DFI Registration (statewide notice — recommended): Proceed to Step 2
☐ County Register of Deeds (local notice): Contact the county Register of Deeds
☐ You may do both for comprehensive coverage

Step 2: Search for Name Availability

☐ Search the DFI trademark and trade name database: https://www.wdfi.org/apps/trademarks/
☐ Search the DFI corporate registration database for potential conflicts
☐ Consider searching the USPTO trademark database: www.uspto.gov

Step 3: Complete and File the Application

☐ Complete the DFI Trade Name Registration Application (Part Four)
☐ File online at https://www.wdfi.org/apps/trademarks/ or in person at the DFI office
☐ Pay the $15.00 filing fee

Step 4: File County Certificate (If Desired)

☐ Complete Part Five (County Fictitious Name Certificate)
☐ File with the Register of Deeds of the applicable county
☐ Pay the county filing fee

Step 5: Receive Confirmation

☐ Retain the DFI registration confirmation
☐ Retain any county-filed certificates
☐ Provide copies to banks, vendors, and counterparties as needed

Step 6: Maintain Records and Calendar Deadlines

☐ Calendar the ten-year renewal deadline at least twelve (12) months in advance
☐ File renewal within six (6) months before expiration
☐ File amendments promptly upon any material change
☐ File cancellation when the trade name is no longer in use

Sources and References

• Wisconsin Department of Financial Institutions — Trademarks and Trade Names: https://www.wdfi.org/apps/trademarks/
• Wis. Stat. § 132.01 (Trade Names — Infringement Remedy)
• Wis. Stat. § 132.11 (Trade Name Registration with DFI)
• Wis. Stat. § 132.12 (Registration Term and Renewal)
• Wis. Stat. § 132.13 (Cancellation)
• Wis. Stat. § 134.17 (Fictitious Name Certificate — Register of Deeds)
• DFI Office Address: 4822 Madison Yards Way, North Tower, Madison, WI 53705

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a Wisconsin-licensed attorney before filing.