Whether you’re searching for the right business name or registering your LLC with the New Mexico Secretary of State, Incfile can help. We have all the information you need to know on how to conduct a New Mexico business search, plus LLC naming rules, assumed names and registering your business.
General Rules for LLC Names
These rules typically apply to all LLCs, regardless of what state they’re formed in.
Your preferred business name cannot be used by any other LLC or formed entity in the State of New Mexico. This is why it's highly important to perform a New Mexico business entity search prior to beginning the filing process.
Your LLC name should be original, but that’s not enough. It also cannot be similar to the name of a corporation or LLC in New Mexico. For example, you cannot use the following factors to say your name is different and distinguishable from the name of another business:
- Suffixes, such as Corporation, Company, Incorporated, Incorporation, Limited, Corp., Co., Inc., Ltd., LLC, etc.
- Definite articles, such as “A,” “An” or “The”
- The conjunction "And" or “&"
- The singular, plural or possessive forms of words
- Abbreviations, punctuation, symbols, fonts, typefaces, etc.
All LLCs must have the words “Limited Liability Company,” “L.L.C.” or “LLC” in their names, normally at the end of the name.
Most states will not allow you to form LLCs with names that:
- Are very similar to the name of a federal or state agency or organization (e.g., FBI, FDA, New Mexico Comptroller, New Mexico Police, 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
As mentioned above, New Mexico requires LLCs to comply with the general naming rules. Unlike many other states, the State of New Mexico doesn't require further naming regulations to be met.
How to Come Up with a Business Name
Finding the perfect business name can be difficult. We have a complete guide to choosing the right business name, but essentially, you'll want to choose a name that will:
Need help coming up with business name ideas? Try our free Business Name Generator.
New Mexico Business Search
Once you have an idea of your ideal preferred business name, you’ll need to perform a New Mexico business entity search to make sure the name hasn’t been taken by another formed business.
Incfile offers a fast, simple and convenient tool to look up your proposed business name. The New Mexico Secretary of State also has a tool that lets you search the State of New Mexico business name registry to see whether your desired name is available or if another business is using your preferred name.
Trademarks and Service Marks
You must be careful that your New Mexico LLC name doesn’t infringe on the trademark or service mark of another business. The easiest way to make sure your proposed business name doesn’t do that is to complete a trademark search through Incfile. If no one else is using it, you can even register it as a trademark yourself.
New Mexico DBA or Assumed Name
You may do business under a different name from your legal LLC 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 Adventures, LLC, 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.
Incfile 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 New Mexico Secretary of State (SOS)
Once you’ve completed a New Mexico business entity search, checked availability, followed the naming rules and decided whether you need a trade name, you can register your LLC name. There are a couple of ways to do this.