Legal Question in Business Law in California
Regarding the filing for a fictitious name for an e-commerce business, the brochure I have states that "If you use any name other than your legal given name or initials, you much file for a fictitious name". I am using my initials: MJR Marketing. Therefore, is it correct that I do not have to file a fictitious name?
2 Answers from Attorneys
Your understanding of the brochure is wrong, or it is wrong.
An individual is using a fictitious business name if the name does not include his or her surname, in full. See Business & Professions Code section 17900(b)(1). The name is also fictitious if, in addition to the surname, it suggests that there are other owners.
So, for example, MJR Marketing is fictitious when used by an individual.
M. J. Roberts Marketing would not be fictitious if your surname is Roberts, and, presumably, if M and J are your initials.
Mary Jane Roberts & Son Marketing would be fictitious, as the name implies an additional owner.
Look, it's pocket change to file a fictitious business name registration, and it can really come back to bite you if you were supposed to and you don't. So do you really want to split hairs about this, or do you just want to do the simple filing so you don't have to worry about it?
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