Step 1) Verify Your Brand Name & Decide
First 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).
Now would be the perfect time to make sure there’s a web domain available for your DBA.
Step 2) Contact The Secretary Of State's Office
What 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 DBA filing service, then no matter what you'll need information including:
- Complete DBA name,
- Description of the business using the DBA name,
- Complete name and address of the DBA applicant,
- Contact number of the business and
- Signature of the applicant
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)
The 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.
Need Help Filing Your DBA?
A professional service will handle filing your DBA on your behalf, allowing you to focus on the other needs of your new business.
- LegalZoom ($99 + state fee) for the most popular DBA filing service available.
- MyCompanyWorks ($99 + state fee) for a more personalized DBA filing service.