A trade name should be registered in the prothonotary’s office for the Superior Court in the county where the business is doing business. That means New Castle County, Kent County, Sussex County, or all three if you’re doing business in all three counties. The trade name is necessary because if the name of the business is not something where an individual would know who owns the business, it needs to be registered. Thus, “John Smith Store,” doesn’t necessarily need to be registered; however, “Smithco,” would have to be registered.
Please contact the experienced Delaware business attorneys at Mattleman, Weinroth & Miller, P.C., with any questions you may have regarding business laws and regulations.