 Few things are as important to a business as its name. It is
the way customers find the business. Filing a Fictitious Business Name
(FBN) Statement creates an accurate, easy-to-find record of
who is responsible for the conduct of the business located in San Mateo County. A Fictitious
Business Name Statement is not required if the business name
also contains the legal name of the owner, because the legal
name of the owner is a clear way of distinguishing the business
from others.
The following information describes
the requirements for those who must file Fictitious Business
Name Statements:
- When must I file a Fictitious Business Name Statement?
You can file before you make your first transaction. In
any case you must file within 40 days of making your first
transaction.
- Is a Fictitious Business Name Statement good forever?
No. You must update it every five years, even if no information
about your business has changed.
- Where do I file and/or to whom is the check written?
Fictitious Business Name Statements must be filed with the
County Clerk in which the registrant has his or her principal
place of business. If filing in San Mateo County please write the check to the San Mateo County Clerk.
- May I have more than one Fictitious Business Name Statement
on file?
Yes. You may have as many Fictitious Business Name Statements
on file as you have separate businesses. Also, there may
be more than one registrant listed on your Fictitious Business
Name Statement.
- Does filing a Fictitious Business Name Statement automatically
guarantee that no other business is using my name?
No, it does not reserve the name for your exclusive use.
The filing is for consumer protection, and is under requirement
under law. Applicants, not the county, are responsible for
verifying that the business name used is unique. The applicant
also is responsible for verifying that the name does not
violate any trademark protocols. The County Clerk's office
will search Fictitious Business Name Statements on file
for a fee (see below).
The Fictitious Business Name filing process requires that
the applicant advertise the name in a newspaper of general
circulation within 30 days of the filing date. County staff
have information about qualified newspapers and can assist applicants with this step.
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