Step 1) Verify Your Brand Name & Decide

WebsiteFirst thing’s first, use the NM Corporations and Business Services section to perform a search to see if the brand name you want to file is already taken or too similar to another. You can also use the TESS System through the U.S. Patent & Trademark Office to see if there will be any trademark issues.

Now, while NM doesn’t provide an official way to record your brand name, if you use this name as part of a product or service you offer to the public you may be able to register the business name as a trademark (so be sure to conduct a TESS search).


Step 2) Contact the Secretary of State’s Office

Create an Operating AgreementWhat exact forms you will need, and how much the fees will cost, and so forth will all depend on where you intend to set up shop. It’s different from one county to the next. Reach out to the one closest to your business as well as the Secretary of State.

If you don’t have official legal counsel and you aren’t working with a professional filing service, then no matter what you’ll need information including:

Expect that there may be additional questions depending on the type of legal entity that you’re operating and where. As always, before having any legally binding paperwork notarized, double and triple-check it!


Step 3) Properly File the Completed Form(s)

Mail in the FormThe last step will be sending the paperwork to the right county and/or state agencies. Truth is, New Mexico is a little more difficult with this process because of their very liberal business-friendly system. Once you get the right forms, fill them out and send them, you’re set.

If you don’t have an attorney consider working with a filing service if at all possible. For an inexpensive fee they can source all the right paperwork for you and find out exactly who to send it to. Finally, here’s to a prosperous year ahead.


This how-to guide on forming a DBA in New Mexico is meant for informational purposes only and not for anything else. It is not a replacement for legal professional advice so if you any concerns regarding the specific legalities of filing a DBA in New Mexico, please address them to your attorney.

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