Whether you’re searching for the ideal business name for your New Mexico S Corp or New Mexico C Corp, we can help. We’ve got all the information you need on how to conduct an NM Secretary of State business search, plus business naming rules, assumed names and trademarks.
General Rules for Corporation Names
These rules generally apply to all corporations, wherever they're formed.
The name you select cannot be in use by any other business in the state. This is why it's so important to perform a New Mexico State corporation search before you begin your incorporation paperwork.
It’s not enough for your corporation name to be unique. It also cannot be comparable to the name of another business in the state. In addition, you cannot use any of the following features in an attempt to differentiate your corporation name from that of another business:
- Suffixes, such as Corporation, Company, Incorporated, Incorporation, Limited, Corp., Co., Inc., etc.
- Definite articles, such as “A,” “An,” or “The”
- The conjunction "And," or “&"
- Numbers in place of numerals (or vice versa), e.g., "One World" is the same as "1 World"
- The singular, plural or possessive forms of words
- Abbreviations, punctuation, symbols, fonts, typefaces, etc.
All corporations must use one of the following in their names, usually at the end of the name: “Incorporated,” “Corporation,” “Limited” or their abbreviations.
Most states will not allow you to incorporate with names that:
- Are similar to the name of a federal or state agency or organization (e.g., FBI, FDA, New Mexico Department of Workforce Solutions, New Mexico Rangers, Treasury, etc.)
- Suggest affiliation with a federal or state agency or organization
- Use the term “Olympic” or any terms that are trademarks of the International Olympic Committee
- Imply a purpose that would be illegal for your business to carry out
Specific Rules for New Mexico Business Names
In addition to the general rules listed above, you'll need to follow some New Mexico corporation laws that apply to naming your business.
For example, per the state's Statutes Chapter 53, Article 11, § 53-11-7, the name of a corporation or foreign corporation must "contain the separate word "corporation," "company," "incorporated" or "limited" or shall contain a separate abbreviation of one of these words."
In addition, Chapter 53, Article 11, § 53-11-7 contains certain restrictions that must be followed when naming a corporation.
Coming Up with the Ideal Business Name
The right business name can be difficult to find. We have a complete guide to choosing the perfect business name, but essentially, you'll want to choose a name that will:
Need help coming up with business name ideas? Try our free name generator.
New Mexico Corporation Name Search
Once you have an idea of the name you want, perform an NM corporation search to make sure another company isn't already using that name.
You can use the state's online portal to perform a name search.
You can also use our simple and convenient Business Name Search Tool, which will search the state's business registry for you.
Trademarks and Service Marks
You must be careful that your New Mexico corporation name doesn't infringe on the trademark or service mark of another business. The easiest way to ensure you're not infringing is to perform a trademark search through Incfile. You can even register the trademark yourself if it isn't already being used by another business.
Register a DBA in New Mexico
You may do business under a different name from your corporation name. In several states, this is called a DBA (doing business as), trade name, assumed name or fictitious name. The State of New Mexico currently does not have any requirements for DBA registration in place, and therefore does not reference it by any specific name.
Regardless of the fact that there is no way to register or file a DBA or assumed name with the State of New Mexico, you can still operate under a DBA. For example, your business might be called Wild Ride Adventures, Inc., and under that company, you have a chain called Dusty Trails. You can operate as such, but you may be subjected to legal implications that should be discussed with an attorney.
Infile provides a DBA service for all states that have registration requirements in place.
Note: A trade name is not the same as a trademark. Learn more about trademark vs. DBA.
Register Your Business Name with the NM Secretary of State (SOS)
You’ve performed a New Mexico SOS business search, checked availability, followed the naming rules and determined whether you need an assumed name. Now you can register your corporation name in one of two ways.