Update on Delaware Trade Name Requirements
In May, we alerted you to some changes coming to Delaware trade name filings effective February 2, 2026. Trade name registrations will no longer be filed with the Superior Court prothonotaries and will instead be registered with the Division of Revenue via Delaware’s online One Stop application. Registration will require a business license, and LLCs and corporations that were formed in Delaware but not actively transacting business within the State may provide a Special Trade Name License. The fee for new trade name registrations will be $25.
Since our last message, the Delaware Division of Revenue has pivoted on two key components of the new requirements reported in our previous alert.
Re-Registration No Longer Mandatory: Existing trade names will remain valid. Re-registration through Delaware’s One Stop application is optional, but may be required for the trade name to be amended or cancelled. Re-registration will require a Delaware business license and can be done at no cost if the original Court’s file number is provided.
Trade Names Not Protected: Registering a trade name does not prevent others from registering or using the same trade name. The filing provides notice to the public of use of the trade name, but provides no exclusivity.
Additional information can be found in the Division of Revenue’s Trade Name FAQs.
If you would like our assistance with registering or re-registering a trade name in Delaware, please contact our Delaware team at delawarecorp@capitolservices.com or 800.316.6660.