A popular naming tool for businesses is the DBA (short for “doing business as”). In most states, the business must register with the Secretary of State. However, New Mexico does not require the registration of DBAs, assumed names, trade names, or similar filings.
As a result, if you’re a sole proprietorship (or similar entity) looking to declare a DBA, you will not need to file with the state. However, some counties may request the registration. We suggest you contact your local county clerk to find out if you need to register locally.
Even though you won’t need to register, you should consult the state’s databases of business names; your DBA should not be the same as or similar to a name on file with the New Mexico Secretary of State. You can search the state’s records by running a Business Search. If your desired name is claimed by an incorporated entity, you should not use it. It’s also a good idea to run a Google search or look at your local Yellow Pages to see if someone is already using that DBA.
Your DBA will not have any legal protections; other entities can use the same DBA as you. So, in theory, there could be dozens of businesses using your name. That’s why it’s a good idea to run a thorough search so you can make sure your DBA is distinct.
If you do want to make your DBA protected, you can consider filing it as a trademark in New Mexico. You can learn more with the state’s Trademark FAQs.
Beyond that, you’re good to use your DBA in New Mexico. If you’d like more information on business names in Kansas, you can consult the Business Services Division of the New Mexico Secretary of State.