How to Get a DBA Name in New Mexico | A Step-By-Step Guide

Steve Bennett
Business Formation Expert  |   Fact Checked by Editorial Team
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Get a DBA Name in New Mexico

Have you ever wondered how to get a DBA for your Limited Liability Company? If you have, then you are on the right page. Doing Business As (DBA) names, also known as trade names, fictitious names, or assumed names, are an essential aspect of businesses in New Mexico. A DBA name allows companies to operate under a name different from their legal business name since it is important for branding, marketing, and legal purposes. In this article, we will provide a comprehensive guide to getting a DBA name in New Mexico.

Through thorough research and market study, Webinarcare Editorial Team will help you learn about the DBA name. It would be best to cross-check all the factors before obtaining one for your New Mexico business.

What is a DBA Name?

A DBA (Doing Business As) name in New Mexico is a name under which a business operates that is different from its legal name. It is also known as a trading, fictitious, or assumed name. A DBA name allows companies to start a limited liability company in New Mexico, and market themselves under a separate name from their legal business name. Registering a DBA name in New Mexico, provides businesses with branding, marketing, and legal benefits while also helping to prevent other businesses from using the same or a similar name within the state.

Example of a DBA

A DBA (Doing Business As) example can be illustrated through a fictional scenario involving a sole proprietor named John Smith. Let’s say John owns a bakery business and wants to operate it under a different name rather than using his name.

Legal Business Name: John Smith (sole proprietor)

DBA Name: Sweet Treats Bakery

In this case, John would register “Sweet Treats Bakery” as his DBA name. By doing so, he can legally conduct his bakery business using the name “Sweet Treats Bakery” for branding, marketing, and legal purposes, instead of using his name, John Smith. This allows John to establish a professional identity for his bakery and distinguish it from other businesses.

If you start an LLC in New Mexico, registering a DBA name is important when it comes to remembering your business. However, it is best to consult with a legal professional before you begin registering your DBA name. This is to ensure that your business name is available in New Mexico.

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How to Get a DBA Name in New Mexico

Starting a business in New Mexico can be exciting and challenging. One crucial step in establishing your business’s identity is choosing and registering a Doing Business As (DBA) name. Here are the steps to get a DBA in New Mexico.

Step 1: Choose a Unique and Appropriate Name

The first step in registering a DBA name is selecting a unique and appropriate name for your business. Your chosen name should be easy to remember and represent your business’s products or services. 

Consider the following tips when choosing a DBA name in New Mexico:

  • Avoid using names too similar to existing businesses, as this may lead to confusion and potential legal issues.
  • Stay away from names that may be considered offensive or misleading.
  • Research New Mexico naming requirements, as some have specific restrictions on what words and phrases can be included in a business name. 

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Step 2: Conduct a Name Search

Once you have chosen a suitable name for your business, conducting New Mexico Business Name Search is essential to ensure the name is not already used. In New Mexico, they have an online business name database that you can search, usually found on the New Mexico Secretary of State Business Search. Sometimes, you may also need to check with your local county clerk’s office to ensure the name is not already used at the county level.

If your chosen name is already in use, select a different name and repeat the search until you find an available name.

Step 3: Register the DBA Name

After confirming that your chosen name is available, the next step is registering your DBA name with the appropriate state or county agency. In New Mexico, you will need to complete a DBA registration form, which can often be found on New Mexico Secretary of State website. New Mexico may require additional documentation, such as proof of business ownership or a business license in New Mexico.

When filling out the registration form, provide accurate and complete information. Any errors or omissions may lead to delays in processing or even the rejection of your application.

Step 4: Pay the Registration Fee

There is no fee associated with registering a DBA name.

Step 5: Publish a Notice of Your New DBA Name

New Mexico requires you to publish a notice of your new DBA name in a local newspaper. This step will inform the public of your intention to operate under a fictitious name. 

The notice must typically include your DBA name, legal business name, business address, and owner’s name. You may need to provide proof of publication to New Mexico or the county agency responsible for DBA registrations.

Step 6: Obtain Any Necessary Permits or Licenses

Depending on your New Mexico business’s nature and location, you may need additional permits or licenses to operate under your DBA name.

The permits and licenses required for your business will depend on your business’s nature, location, and local and state regulations. Here are some common types of permits and licenses that might be required when operating under a DBA:

  • Business License: A general business license may be required in New Mexico to operate your business legally. This license ensures your business meets local zoning, safety, and regulatory requirements. In New Mexico, the costs of obtaining a business license range from $50 – $300.
  • Sales Tax Permit: If your business sells taxable goods or services, you may need a Sales Tax Permit from New Mexico Taxation and Revenue Department.
  • Professional Licenses: Depending on your business type, you may need specific professional licenses or certifications. For example, if you are operating a restaurant, you may need a food handler’s permit; if you offer professional services such as accounting or legal services, you may need a professional license from New Mexico state board. DBA filing requires professional licenses if you operate under a General Partnership in New Mexico
  • Health and Safety Permits: Businesses in certain industries, such as food service, may require health and safety permits to ensure compliance with state and local regulations.
  • Zoning Permits: Depending on your business location and the type of business you are operating, you may need a zoning permit from your local planning or zoning department.
  • Environmental Permits: If your business involves activities that could impact the environment, you may need permits from New Mexico state or federal environmental agencies.

Step 7: Renew Your DBA Registration as Needed

In New Mexico, you are required to renew your DBA registration periodically. This renewal process may involve completing a renewal form, paying a renewal fee, and sometimes republishing the notice of your DBA name. Stay up-to-date with your state’s renewal requirements to maintain your DBA name and avoid penalties.

Maintaining the DBA Name

Once your DBA name is registered and published, it is essential to maintain it to remain in good standing with New Mexico. Here are some important aspects to consider:

  • Renewal or Expiration: Depending on New Mexico’s regulations, your DBA name registration may expire or need to be renewed periodically. Keep track of these deadlines to avoid losing your DBA name.
  • Updating Business Information: If your business undergoes significant changes (such as a change in ownership or address), you may need to update your DBA name registration with the appropriate agency.
  • Canceling or Discontinuing the DBA Name: If you decide to stop using your DBA name or close your business, notify the appropriate agency and follow any required procedures for canceling or discontinuing the name.

Is a DBA in New Mexico the same as a Trade Name?

Yes, in New Mexico, a DBA (Doing Business As) is the same as a trading name. Both terms refer to a name under which a business operates differently from its legal name. A DBA or trade name allows companies to conduct business and market themselves using a different name from their legal business name. Other terms for DBA or trade name include fictitious name and assumed name. Registering a DBA or trade name in New Mexico may vary depending on the type of business and the state’s specific regulations.

Do I need to register my New Mexico DBA in the Internal Revenue Service?

No, you do not need to register your DBA (Doing Business As) name in New Mexico with the Internal Revenue Service (IRS). The registration of a DBA is typically done at the state or local level, depending on the specific regulations of New Mexico. The IRS is not involved in the DBA registration process.

However, once your DBA is registered in New Mexico, you may need to obtain an Employer Identification Number (EIN) in New Mexico from the IRS if your business has employees, operates as a corporation or partnership, or meets certain tax-filing requirements.

Do I need to file for a DBA if I already have New Mexico Registered Business Name?

If you already have a registered business name in New Mexico and you plan to conduct business using that exact name, you do not need to file for a DBA (Doing Business As). A DBA is required when a business wants to operate under a name different from its legal business name. 

However, you must file for a DBA if you have a registered business name and wish to conduct business under a different name. This applies to sole proprietorships, partnerships, limited liability companies (LLCs), and corporations that intend to use a name other than their legally registered name.

FAQs

What is a DBA name in New Mexico?
A DBA name in New Mexico stands for “doing business as” name.
Do I need a DBA name to operate a business in New Mexico?
No, it is not legally required to have a DBA name in New Mexico.
How do I search for available DBA names in New Mexico?
You can check for DBA name availability in New Mexico through the Secretary of State’s website.
How much does it cost to file for a DBA name in New Mexico?
The cost of filing for a DBA name in New Mexico varies depending on the county you are in.
How long does it take to get a DBA name in New Mexico?
It can take up to 15 business days to get a DBA name in New Mexico after submitting the proper paperwork.
Do I need to renew my DBA name in New Mexico?
Yes, you must renew your DBA name in New Mexico every four years.
Can multiple businesses share the same DBA name in New Mexico?
No, each business must have its own unique DBA name in New Mexico.
Can I amend my DBA name in New Mexico?
Yes, you can file for an amendment to your DBA name in New Mexico.
What information do I have to provide to get a DBA name in New Mexico?
You will need to provide your full name, business name, and address to get a DBA name in New Mexico.
Am I allowed to use my personal name as my DBA name in New Mexico?
Yes, you can use your personal name as your DBA name in New Mexico.
Will my DBA name protect my business name in New Mexico?
No, a DBA name will not protect your business name in New Mexico.
Can a corporation file for a DBA name in New Mexico?
Yes, a corporation can file for a DBA name in New Mexico.
Can an LLC file for a DBA name in New Mexico?
Yes, an LLC can file for a DBA name in New Mexico.
Is registering a trademark the same as getting a DBA name in New Mexico?
No, registering a trademark is different from getting a DBA name in New Mexico.
Can I use a DBA name as my website URL in New Mexico?
Yes, you can use your DBA name as your website URL in New Mexico.
Is my DBA name automatically protected under trademark law in New Mexico?
No, you will need to register your DBA name as a trademark to be protected under trademark law in New Mexico.
How often do I need to file for a renewal of my DBA name in New Mexico?
You must renew your DBA name every four years in New Mexico.
Can I use a DBA name for an online business in New Mexico?
Yes, you can use a DBA name for an online business in New Mexico.
Will a DBA name give me legal rights to my business name in New Mexico?
No, a DBA name will not give you absolute legal rights to your business name in New Mexico.
Can I operate multiple businesses under one DBA name in New Mexico?
No, each business must have its own unique DBA name in New Mexico.
Can I file for a DBA name if I already registered my business name in New Mexico?
Yes, you can file for a DBA name in addition to a registered business name in New Mexico.
Can I reserve a specific DBA name in New Mexico without filing for it?
No, you cannot reserve a specific DBA name in New Mexico without filing for it.
How long is a DBA name valid for in New Mexico?
A DBA name is valid for four years in New Mexico before it needs to be renewed.
Can I file for a DBA name if my business operates outside of New Mexico?
No, you can only file for a DBA name in New Mexico if your business operates within the state.
Does a DBA name provide any protection for my personal assets in New Mexico?
No, a DBA name does not provide any protection for personal assets in New Mexico.
Can I transfer my DBA name to another person or business in New Mexico?
Yes, you can transfer your DBA name to another person or business in New Mexico with the proper paperwork.
Do I need to have a physical office address to get a DBA name in New Mexico?
No, you do not need to have a physical office address to get a DBA name in New Mexico.
Can a DBA name be sued in New Mexico?
No, a DBA name cannot be sued in New Mexico as it is not a legal entity.
What is a DBA name?
DBA stands for “doing business as.” It’s a name under which a business operates that’s different from the owner’s personal name or the legal name of the business entity.
Do I need to register a DBA name?
In New Mexico, you’re required to register a DBA name if you want to do business under a name other than your personal or legal name.
Can I register a DBA name online in New Mexico?
Yes, you can register a DBA name online through the New Mexico Secretary of State’s website.
How much does it cost to register a DBA name in New Mexico?
It costs $25 to register a DBA name in New Mexico.
How long does it take to register a DBA name in New Mexico?
It typically takes a few business days to process a DBA name registration in New Mexico.
Can I use a DBA name in New Mexico without registering it?
No, you can’t use a DBA name in New Mexico without registering it first.
What happens if I don’t register my DBA name in New Mexico?
If you don’t register your DBA name in New Mexico and you’re caught using it, you could face legal and financial consequences.
Can I change my DBA name in New Mexico?
Yes, you can change your DBA name in New Mexico. You’ll need to file a new registration with the Secretary of State and pay the $25 fee.
How often do I need to renew my DBA registration in New Mexico?
You don’t need to renew your DBA registration in New Mexico. Your registration will remain in effect as long as you continue to do business under the name.
Can I use punctuation or symbols in my DBA name in New Mexico?
Yes, you can use punctuation and symbols in your DBA name in New Mexico.
Do I need to have a physical address to register a DBA name in New Mexico?
Yes, you need to provide a physical address when you register a DBA name in New Mexico.
Can I have multiple DBA names in New Mexico?
Yes, you can have multiple DBA names in New Mexico. You’ll need to register each name separately and pay the $25 fee for each registration.
Can I use a DBA name in New Mexico if someone else is already using it?
No, you can’t use a DBA name in New Mexico if someone else is already using it.
How can I search to see if a DBA name is already in use in New Mexico?
You can search for a DBA name that’s already in use in New Mexico by using the Secretary of State’s business database search tool.
Can I register a DBA name in New Mexico if I’m not a resident of the state?
Yes, you can register a DBA name in New Mexico even if you’re not a resident of the state.
Can I use my DBA name in advertising and marketing materials in New Mexico?
Yes, you can use your DBA name in advertising and marketing materials in New Mexico.
Can I trademark a DBA name in New Mexico?
No, you can’t trademark a DBA name in New Mexico because it’s not considered a legal entity.
Can a DBA name provide liability protection in New Mexico?
No, a DBA name doesn’t provide liability protection in New Mexico.
What other types of business entities can I register in New Mexico?
You can also register a sole proprietorship, partnership, limited liability company (LLC), or corporation in New Mexico.
Do I need to file a separate tax return for my DBA in New Mexico?
No, there’s no separate tax return requirement for a DBA in New Mexico. You’ll report your business income on your personal tax return.
Do I need a DBA name if I have a business license in New Mexico?
Having a business license in New Mexico doesn’t necessarily mean you don’t need a DBA name. It depends on the name under which you want to do business.
Do I need a state-level business license in New Mexico?
No, there’s no state-level business license requirement in New Mexico. However, certain industries may require specific licenses or permits.
Can I keep my DBA name if I move my business to another state?
It depends on the laws of the state where you’re moving your business. You may need to register your DBA name in the new state or change your name altogether.
Can I use my DBA name in contracts and agreements in New Mexico?
Yes, you can use your DBA name in contracts and agreements in New Mexico as long as it’s been properly registered.
How long does it take to get a DBA name certificate in New Mexico?
You’ll receive your DBA name certificate immediately upon registration through the New Mexico Secretary of State’s website.
Do I need to publish my DBA registration in New Mexico newspapers?
No, there’s no publication requirement for DBA registrations in New Mexico.
Can I add a DBA name to an existing business in New Mexico?
Yes, you can add a DBA name to an existing business in New Mexico. You’ll need to register the name and pay the $25 fee.
Can I use my DBA name to open a bank account in New Mexico?
Yes, you can use your DBA name to open a bank account in New Mexico.
What should I do if I decide to stop using my DBA name in New Mexico?
If you decide to stop using your DBA name in New Mexico, you should file a cancellation request with the Secretary of State’s office.

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Conclusion

Getting a DBA name in New Mexico is crucial for many businesses, providing branding, marketing, and legal benefits. By following the steps outlined in this comprehensive guide, you can successfully register a DBA name in New Mexico and enhance your business’s credibility and recognition in the market. Remember to stay up-to-date with New Mexico’s rules and regulations surrounding DBA names, and maintain your registration to ensure your business remains compliant.

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