How to Register a Business Name in New Mexico

Updated: October 1, 2023
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There are a few different ways you can register a business name in New Mexico. You can form a separate business entity by starting your business as a New Mexico LLC or Corporation. If you operate as a sole proprietor, there isn’t an official way to register your business name because New Mexico doesn’t have a process for registration of a “doing business as” (DBA) names. General partnerships can file a General Partnership Registration Form with the Secretary of State, however this is not manditory. For additional legal protection of your business name, you can also file a federal trademark.

Your New Mexico business name should be registered before:

  • Registering with the New Mexico Taxation and Revenue Department for Gross Receipts Tax or Wage Withholding Tax
  • Obtaining an Employer Account Number (EAN) from the New Mexico Department of Workforce Solution (NMDWS)
  • Applying for occupational and professional licenses from the New Mexico Regulation and Licensing Department
  • Securing an Employer Identification Number (EIN) from the IRS
  • Establishing a business bank account

How much does it cost to Register a Business Name in New Mexico?

The cost to register a New Mexico business name varies depending on the type of registration:

  • New Mexico LLC cost: $50
  • New Mexico Corporation cost: $100

Steps to Registering a Business Name in New Mexico:

  1. Check for Business Name Availability
    2.
  2. Choose a Business Structure
    3.
  3. File your New Mexico Business Name Registration
  4. File a Trademark
    5.

1. Check Business Name Availability

Before you dive into registering your name, you must ensure your chosen name is available to use. That means checking if it’s already being used or is too similar to other business names out there. This step is extremely important because it helps prevent legal problems related to trademarks and issues with similar businesses that can lead to your New Mexico name registration being turned down. To do this properly, you should do three specific types of searches:

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Trademark Search

The first step to verify your name’s availability is to ensure your desired name isn’t already trademarked. Trademarks offer superior protection by being registered at the federal level, meaning they override state and local registrations. If you encounter a match, it’s time to brainstorm a fresh business name that stands out.

You can search the U.S. Patent and Trademark Office (USPTO) database using the Trademark Electronic Search System (TESS) page. However, interpreting TESS results can be challenging. If you want a simpler display and layout, try using Trademark Engine’s Free Trademark Search.

New Mexico Business Name Search

Once you’ve confirmed that your chosen business name isn’t trademarked, the next step is to ensure it’s not registered within New Mexico. Utilize the New Mexico Secretary of State – Corporations and Business Search SOS Portal to verify that your business name isn’t already registered within New Mexico.

Perform multiple searches, employing wildcard characters or fragments of your business name to identify any potential matches. If your business name closely resembles an existing New Mexico business, it might lead to the rejection of your name registration application, so you may want to reconsider using that name.

Pro Tip: You might come across instances where your desired name was registered in the past but is currently available due to the previous business being dissolved or the name expiring. Even if the name is now able to be registered, it’s strongly recommended to opt for a new name.

Previously registered business names can cause complications when obtaining an EIN (Employer Identification Number) from the IRS. Using a previously registered name oftentimes results in EIN Reference Number 101 error. Although getting an EIN after this error is possible, the process can be cumbersome and requires phone calls to the IRS and faxing your registration paperwork to an agent to get an EIN. Consider generating a different business name unless it’s absolutely necessary to use that particular name and you’re willing to endure potential hours on the phone dealing with the IRS.

Website Domain Search

The final search after you’ve confirmed you don’t have trademark or state-level registration issues in New Mexico is for a website domain name. If someone else is already using your domain name, it could cause issues for your business. Consider if it’s worth not having the domain name that matches your business name and if it could cause problems for your business in the future. If your domain name is available, you should register it. Whether a website is in your immediate plans or not, you want to prevent others from taking it. You’ll also appear more legitimate to people you do business with since you can use an email with your business name.

Domain Name and Business Email

You can use Namecheap to verify if your domain name is available. They also offer a business email service that’s free to try for the first 60 days when you purchase a domain.

2. Choose a Business Structure

In the process of registering your business name in New Mexico, you’ll need to determine the legal structure for your business. This decision not only affects how you register the business name but also impacts aspects like personal liability, financing options, and taxation. Think about the number of owners, funding needs, how comfortable you are with potential risks, and tax considerations. For more detailed guidance, refer to our comprehensive guide on How to Choose a Business Structure.

Recommended Business Structure:

For a typical new business an LLC is the recommended choice. Why? Because LLCs combined the best of all other business structures. You get liability protection similar to a corporation (unavailable for sole proprietors and general partnerships) but business income is only taxed once whereas a corporation is subject to double taxation.

For the assurance that your LLC is filed the right way, you can use a professional filing service. We’ve reviewed the best LLC services so you can find the one that works for you.

LLC

An LLC (Limited Liability Company) is a business entity providing liability protection to owners, separating personal and business assets, while offering flexible management and taxation choices under New Mexico law (NM Stat § 53-19).

Learn More: What is an LLC

LLC Pros

  • Personal liability protection
  • Legally separate entity
  • Default pass-through taxation (business income taxed once)
  • Unlimited number of owners (members)
  • Flexible management – can be run by members or non-owner managers
  • Option for S-Corp tax status

LLC Cons

  • Upfront filing costs
  • Ongoing cost and filings to stay compliant
  • Unable to go public

Do you need to register to be an LLC in New Mexico?

Yes, registration with the New Mexico Secretary of State is required if you want your business to legally be an LLC in New Mexico.

Jump to: Register an LLC Name

Corporation

A corporation is a separate legal entity that can be created under New Mexico law (NM Stat § 53-11). Stockholders own it, with limited liability. It’s optimal for securing outside investment and providing owner protection.

Learn More: What is a Corporation

Corporation Pros

  • Personal liability protection
  • Legally separate entity
  • Unlimited number of owners (shareholders)
  • Easier to raise capital by selling stock
  • Able to go public
  • Option for S-Corp tax status

Corporation Cons

  • Default double taxation
  • Upfront filing costs
  • Ongoing costs and filings to stay compliant
  • Increased record keeping requirements
  • Strict management structures set by law

Do you need to register to be a Corporation in New Mexico?

Yes, to ensure your business is formally identified as a Corporation in New Mexico, you must register with the New Mexico Secretary of State.

Jump to: Register a Corporation Name

Sole Proprietor

A sole proprietorship is an individual-owned business. Quick setup, minimal forms. There’s no legal separation between the business and owner, creating unlimited liability.

Learn More: What is a Sole Proprietorship

Sole Proprietor Pros

  • Easy and inexpensive to start
  • Simple taxes (business income taxed once)
  • Easy to maintain
  • Complete control for owner

Sole Proprietor Cons

  • Unlimited Liability Risk
  • Hard to raise money and get loans
  • Not separate from owner
  • Difficult to sell business
  • No other tax status options

Do you need to register your sole proprietor business name in New Mexico?

No, you are required to register a business name as a sole proprietor in New Mexico because there isn’t a formal process to register “doing business as” (DBA) names. You can record a DBA name you want to use when you file for a business license with your local city or county clerk’s office. If you want to protect your business name, you can register a trademark to have the name legally recognized and prevent others from using it.

Jump to: File a Trademark

Partnership

A partnership is a business with 2 or more owners that work together jointly and share in all business liabilities. Partnerships are pass-through entities so income is reported and paid by each individual partner.

Learn More: What is a Partnership

Partnership Pros

  • Easy and inexpensive to start
  • Pass-through taxation (business income taxed once)
  • Unlimited number of owners (partners)
  • Shared business responsibilities

Partnership Cons

  • Unlimited Liability Risk
  • Responsible for partners’ actions
  • Hard to raise outside capital
  • Not separate from partners
  • Difficult to sell business
  • No other tax status options

Do you need to register your partnership business name in New Mexico?

You don’t need to register your business name if you operate as a partnership because there isn’t a formal process for registering “doing business as” (DBA) names. You can record the DBA name you’ll use when you submit your business license application with your local city or county clerk’s office. If you want to protect your business name, you can register a trademark to have the name legally recognized and prevent others from using it.

Jump to: File a Trademark

3. File your New Mexico Business Name Registration

After ensuring your business name is available and deciding on a structure, the next step is to officially register it in New Mexico. Choose the procedure that aligns with your selected business model.

Register a New Mexico LLC Name

To officially register a New Mexico LLC, you’ll have to submit Articles of Organization to the New Mexico Secretary of State, along with the state filing fee of $50. Your Articles of Organization is where you will list vital information about your business, including:

  • LLC Name
  • Information about the LLC members (owners) and managers (if applicable)
  • Business Address (Must be a physical address – PO Boxes not allowed)
  • Name and Address of your Registered Agent

New Mexico LLC Name Requirements

New Mexico LLCs must use a name that follows the naming rules outlined in New Mexico law (NM Stat § 53-19-3):

  • Must be distinguishable (unique) from all others businesses registered with the New Mexico Secretary of State
  • Must clearly denote the business is legally structured as an LLC by including the words “limited liability company” or an abbreviation such as “LLC”
  • Cannot use words or designators associated with Corporations such as “Corporation” “Incorporated” “Corp” or “Inc”
  • Cannot contain words that imply association with a government entity
  • Cannot contain words that are prohibited or require prior approval such as Bank, Banker, Banking

For more in-depth information check out our How to Start an LLC in New Mexico guide, where we cover all the steps needed to form an LLC in full detail.

Want Help Starting a New Mexico LLC?

Use a professional filing service like Northwest Registered Agent ($39 +state fees), which can save you $210 vs LegalZoom when forming a New Mexico LLC.

Register a New Mexico Corporation Name

If you choose to register as a New Mexico Corporation, you’ll need to submit a document known as Articles of Incorporation to the New Mexico Secretary of State. The filing costs $100 and you’ll need to provide details about your business, including:

  • Corporation Name
  • Names and addresses of the board of the directors
  • Number and type of authorized shares
  • Business Address (Must be a physical address – PO Boxes not allowed)
  • Name and Address of your Registered Agent

New Mexico Corporation Name Requirements

Corporations in New Mexico are required to use a name that follows the rules detailed under New Mexico law (NM Stat § 53-11-7):

  • Must be distinguishable (unique) from all others businesses registered with the New Mexico Secretary of State
  • Clearly indicate the business is legally structured as a corporation by including the words “Corporation” or “Incorporated” or use an abbreviation such as “Corp” or “Inc”
  • Cannot use words or designators associated with LLCs such as “limited liability company” or “LLC”
  • Cannot contain words that imply association with a government entity
  • Cannot contain words that are prohibited or require prior approval such as Bank, Banker, Banking

Want to Incorporate in New Mexico?

If you’re interested in incorporating, you can learn more with the ZenBusiness guide on How to Start a Corporation in New Mexico, which covers each step you’ll need to complete to start a New Mexico corporation.

4. File a Trademark (Optional)

Securing a trademark is crucial if you want increased protection for your business identity. Trademarks are federal-level registrations that apply across state boundaries and allow increased control over your brand name.

You can submit a trademark application online, but it’s more complicated than most registrations. It takes 7-9 months on average before a USPTO examining attorney evaluates your application. As a result, errors in the initial application can significantly delay the process or result in an outright rejection of the application.

To make the trademark registration process more efficient, you should seek the help of a competent attorney or a specialized filing service. Their knowledge and experience can help you save time and streamline the complicated process of submitting applications and following up on them.

Trademark Filing Assistance

Ensure your trademark is filed properly with the help of the experts at Trademark Engine, who’ve helped file over 120,000 trademarks since 2016. Packages start at $99 (+USPTO fees).

Additional Business Resources in New Mexico

For more help, check out our How to Start a Business in New Mexico guide, or use these resources: