Wisconsin trade name filing guide

Wisconsin does not use a single statewide DBA certificate the way many states do.

The term most guides use — "doing business as" — maps onto two different official mechanisms.

At the county level, registers of deeds accept a Registration of Firm Names under Wis. Stat.

§ 134.17, a statute titled "Corporate name, recording, amendment, discontinuance, unlawful use."

That law makes it a crime, punishable by a fine of up to $1,000 or up to one year in the county jail, to engage in or advertise a mercantile or commission business under a name that appears to be a corporate name, with the intent to obtain credit, without disclosing the real names of the people behind it, unless a verified statement is first recorded with the register of deeds of the county where the principal place of business is located.

County register of deeds offices — Dane County publishes a representative set of instructions — offer firm name registration for sole proprietorships, general partnerships, and associations.

Separately, the Wisconsin Department of Financial Institutions (DFI) runs a voluntary tradename and trademark registration under Chapter 132 of the statutes.

DFI's own FAQ answers the question "Is a trademark registration required in Wisconsin?"

with "No," and stresses that registration does not create ownership — rights come from usage.

Corporations and limited partnerships are directed to DFI rather than the county register of deeds.

For a sole proprietorship, general partnership, or association, the filing path runs through the register of deeds in the county of the principal place of business.

Dane County's published instructions are illustrative: use the Registration of Firm Names form, fill it out legibly in black ink, and sign only in the presence of a notary public.

Before filing, the office directs applicants to check the phone directory, the county's real estate index, and the Wisconsin Trademark system for conflicting names.

The statewide recording fee set by Wis. Stat.

§ 59.43(2)(ag) is $30, and Dane County confirms "The fee for recording a firm name document is $30," payable by check with the mailed form.

For a state-level tradename or trademark registration, DFI's fee schedule states that all listed services must be performed online or in person.

Filing online means creating a free user account in the Trademark File Online system at wims.dfi.wi.gov; the completed application is printed, signed before a notary, and the notarized form is uploaded for submission.

The fee is $15 for each name, phrase, design, or logo, and each mark requires a separate application.

DFI's office is at 4822 Madison Yards Way, North Tower, Madison, and its mailing address is PO Box 7847, Madison, WI 53707-7847.

The two Wisconsin systems age differently.

A county firm name recording under § 134.17 has no stated expiration in the consulted sources, but it can be changed or ended: the statute allows an amendment by "recording a verified statement clearly setting forth all changes and signed by all parties concerned with the register of deeds where the original declaration was filed or recorded," and a "discontinuance of use of corporate name signed by all interested parties and verified" may be recorded the same way.

Dane County points filers to separate Firm Amendment and Firm Cancellation forms.

Each recording carries the register of deeds recording fee.

A DFI tradename or trademark registration, by contrast, "expires 10 years from the date of registration unless you renew the registration within six months of the date of expiration," in the FAQ's words; the statute allows renewal for successive 10-year periods on payment of the same $15 fee, with the renewal application due within six months before expiration.

DFI's fee schedule lists cancellations and amendments as free, and the statute bars any fee for canceling a registration at the registrant's request.

Note also that under § 132.01(8), nonuse of a registered mark for at least two years is prima facie evidence of abandonment.

Start with the free official source.

If you operate as a sole proprietorship, general partnership, or association under a name that does not disclose the real names behind the business, contact the register of deeds in the county of your principal place of business — this site's measured Wisconsin county pages link the official county offices — and ask for the Registration of Firm Names form; budget the $30 recording fee and plan on notarization.

If you want a state-level tradename or trademark registration, create a free account in DFI's Trademark File Online system, run the free trademark search first, and budget $15 per mark.

Remember that neither filing reserves the name or creates ownership rights, and filing a tradename is not the same as registering an entity to do business in Wisconsin.

Paid help is optional, and this site does not handle filings.