Register a DBA in Hawaii

What the law requires

Hawaii has no mandatory DBA filing. Trade name registration is voluntary: any person desiring to register a trade name may obtain a certificate of registration by filing an application with the director of the Department of Commerce and Consumer Affairs, with a certified declaration of proprietorship and the nature of the business. The corpus case notes confirm trade names may also be established without registration under common law.

"(a) Any person desiring to register any trade name may obtain a certificate of registration of the trade name in the manner hereinafter provided. (b) Before any person may receive a certificate of registration of a trade name, the person shall file in the office of the director an application for the registration thereof, with a certified declaration stating that the person is the sole and original proprietor of the trade name or the assign of the proprietor and setting forth the nature of business in which the trade name is used." — HRS § 482-2(a)-(b)

Where filings go

Voluntary trade name registrations are filed statewide in the office of the director of the Department of Commerce and Consumer Affairs (DCCA).

"“Director” means the director of the department of commerce and consumer affairs." — HRS §§ 482-1, 482-2(b)

How long it lasts

A registered trade name is effective for five years from the date of registration, provided it remains in actual use in Hawaii; registration may be renewed for additional five-year periods. Renewal: Renewal application filed within six months prior to expiration, for additional five-year periods, with a $50 fee (HRS § 482-3(b)).

"The registration of a trade name may be renewed at any time during the period of its registration for additional five year periods by filing a renewal application within six months prior to the expiration of the current term and complying with the renewal requirements prescribed by the director. Upon filing the application for renewal, the applicant shall pay the director a fee of $50." — HRS § 482-3(a)-(b)

Name restrictions

The director may not register a trade name that is substantially identical to a registered trade name, the name of an entity registered or authorized to transact business in Hawaii, or a mark registered in the state, absent written consent of the registered owner or an order under HRS § 482-8.5.

"...the director shall not register any trade name that is substantially identical with any registered trade name, the name of any entity registered or authorized to transact business in accordance with the laws of the State, or any mark registered in the State, except as ordered by the director in accordance to section 482-8.5 or unless the registered owner of the registered trade name, entity name, or mark consents in writing." — HRS § 482-3(a)

Entities and assumed names

A foreign corporation whose corporate name does not satisfy HRS § 414-51 and cannot be changed to an available name may transact business in Hawaii under a fictitious name by delivering to the DCCA director a copy of a trade name registration certificate for that name; the fictitious name may not be the same as or substantially identical to existing entity names, reserved names, other foreign corporations' fictitious names, or registered trade names, trademarks, or service marks.

"(a) If the corporate name of a foreign corporation does not satisfy the requirements of section 414-51(b), (c), and (d), the foreign corporation to obtain or maintain a certificate of authority to transact business in this State may use a fictitious name to transact business in this State if its real name is unavailable and it delivers to the department director for filing a copy of a certificate of registration of a trade name by the foreign corporation under which the foreign corporation will transact business in this State." — HRS § 414-436(a)