How to Use a DBA Name in New Mexico

August 3, 2025

By Nadia Cabrera-Mazzeo, Esq.

Short Answer: There are very few rules for using a DBA name in New Mexico. Just make sure to put the legal name of the business when it’s necessary or appropriate.

Legal Name vs DBA

The legal name of your business is the name under which it is registered with the Secretary of State. The legal name must conform to specific rules like having “LLC” or “Inc.” or similar indication of the type of business that it is in the actual legal name. As such, the legal name may not be the one that sounds the best or the one that you actually want to use in everyday business.

That’s where DBA names come in.

DBA means “doing business as.” A DBA name is also commonly called a trade name or fictitious name. Your business’s DBA name may be similar to the legal name of your business or it may be completely different. The DBA name is mainly for marketing purposes and is not legally sufficient for official matters like signing contracts.

For sole proprietors, any business name you are using (if it’s different than your own legal name) is considered a DBA or fictitious name because sole proprietorships are not separate business entities that are registered with the state in NM.

Do I have to register my DBA name with the NM Secretary of State?

No, New Mexico does not require the registration of DBA names with the state. In many other states, businesses have to officially register their DBA but not in NM.

Should I register my DBA in another state where I do business?

Likely yes, it depends on that state’s rules and how that state defines “doing business.” Whenever you do business in another state, always make sure you are following the rules of that state. For example, you may need to register your business in that state as a foreign entity in addition to registering your DBA with them.

Can I choose any DBA that I want?

No, there are certain restrictions when choosing a DBA, even in New Mexico. For example, a DBA cannot contain words like “LLC” or “Inc.” that make it seem like it’s a legal business name. You also can’t include words that make it seem like it’s a different type of business than it is. Nor should you choose a name that is too similar to another active business in the state.

Basically, a DBA name should not be misleading.

Is my DBA name legally protected from copycats?

No, not without a trademark. Even if your DBA is registered with a state, this does not provide the legal protection or rights of a trademark.

So how do I legally use a DBA in New Mexico?

Keeping all of the above in mind, you can just start using the DBA name of your choice without special ado. Any time you drop the “LLC,” “Inc.,” or similar from your business name, you are technically using a DBA.

Use the DBA responsibly and know its limits. Always include the legal business name in any official matter like company bylaws, contracts, legal communications, or when interacting with the state or other governing bodies. If you want to include your DBA in these official settings, you can do so like this: “[Legal Business Name] d/b/a [DBA name].”

For example, a sole proprietor named Jane Doe that sells knit pajamas under the name “Oh What a Knit” may sign a contract as:

“Jane Doe, d/b/a Oh What a Knit.”

I like writing it as “d/b/a” but you can also put “DBA” or “dba.”

Law office of Nadia Cabrera-Mazzeo, Esq.

Small business and contracts lawyer

Based in Taos, serving clients throughout New Mexico

505 427 2025

nadia@honestcontracts.com

The information on this website is not legal advice and does not create an attorney-client relationship. The rates and fees listed on this website may not be the most up to date.