Legal Question in Business Law in Virginia

Trade Name limitations - meaning of ''conducting business''

I'm the sole proprietor of an online business with with a recently registered trade name in Fairfax County. I have an advertising-based revenue model and will seek sponsorships from both national and local DC metro businesses. The literature from the County states that, ''An assumed or fictitious name must be filed in the Office of the Clerk of the Circuit Court in each county or city where business is to be conducted.'' This brings up a more general question because I've seen this type of statement in several aspects. What exactly does it mean to ''conduct business''? If I sell ad space to a DC company am I conducting business in DC and therefore subject to DC trade name laws? In my business, I wouldn't actually be performing any service in that location nor would I necessarily have to even physically visit the company.

Thanks - any help would be appreciated!


Asked on 2/08/09, 10:27 am

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: Trade Name limitations - meaning of ''conducting business''

Your trade name, generally speaking, needs to be registered where you physically are located. Based on your description, you would only need to register in Fairfax County. You may want to register a federal trademark, however, as that would protect your mark on a national basis and better protect you from cybersquatters.

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Answered on 2/08/09, 1:14 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: Trade Name limitations - meaning of ''conducting business''

This is a tough question, legally. And it can be a close call that is not easy for even a court to decide.

If you are properly registered in Virginia, and disclose that you are in Virginia, your registration in Virginia should be adequate.

That is, you are letting people know WHO the fictitious name refers to and how to reach you. The real purpose of this is to that if someone needs to contact you or sue you, they know who you are and can find you. If you are properly on file in Virginia, they will be able to find you. They would probably have to sue you in Virginia anyway.

If DC businesses contact you in Virginia, you are definitely not conducting business in DC.

If you make occasional visits or calls to DC, you are probably also not doing business in DC (legally).

But if your business activities mean that you are frequently spending lots of time in DC visiting would-be clients in DC, then you might have to register as a "foreign" company in DC. This would also take care of the requirement to register as a fictitions name.

That is you would probably NOT follow the procedure for a DC business to register in DC. You would follow the procedure for a FOREIGN (out-of-state) company to register in DC.

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Answered on 2/08/09, 2:30 pm


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