Fictitious Business Name (DBA) Notice - New Mexico

FICTITIOUS BUSINESS NAME (DBA) NOTICE

State of New Mexico

IMPORTANT NOTICE — NEW MEXICO DOES NOT REQUIRE STATE-LEVEL DBA REGISTRATION

Unlike most states, New Mexico does not currently require the registration of fictitious business names (DBAs or trade names) at the state level for sole proprietors, LLCs, or corporations. There is no formal DBA filing process with the New Mexico Secretary of State.

However, partnerships operating under a fictitious name must comply with NMSA 1978 § 53-5-1 et seq., which requires filing a fictitious name certificate. Additionally, businesses may choose to register a trademark or trade name with the Secretary of State under the New Mexico Trademark Act (NMSA 1978 § 57-3A-1 et seq.) for name protection purposes.

This template provides notice and documentation forms for businesses operating under a fictitious name in New Mexico, including the partnership fictitious name certificate and voluntary trade name notice.

PART ONE: REGISTRANT INFORMATION

1.1 Registrant Identification

Full Legal Name of Registrant: [________________________________]

Entity Type (check one):

☐ Sole Proprietorship
☐ General Partnership
☐ Limited Partnership
☐ Corporation (Domestic)
☐ Corporation (Foreign)
☐ Limited Liability Company (Domestic)
☐ Limited Liability Company (Foreign)
☐ Limited Liability Partnership
☐ Other: [________________________________]

State/Country of Organization (if entity): [________________________________]

New Mexico Business ID / CRS Number (if applicable): [________________________________]

1.2 Contact Information

Principal Place of Business Address:

Street: [________________________________]

City: [________________________________] County: [________________________________]

State: NM Zip: [________]

Mailing Address (if different):

Street: [________________________________]

City: [________________________________] State: [____] Zip: [________]

Telephone: [________________________________]

Email: [________________________________]

1.3 Additional Owners / Partners (if applicable)

PART TWO: FICTITIOUS BUSINESS NAME INFORMATION

2.1 Fictitious Business Name (DBA)

Name Under Which Business Will Be Conducted:

[________________________________]

2.2 Nature of Business

Brief Description of Business Activities:

[________________________________]

[________________________________]

2.3 Date of Commencement

Date Business Commenced (or Will Commence) Under DBA: [__/__/____]

2.4 Business Location(s) in New Mexico

Primary Business Location:

Street: [________________________________]

City: [________________________________] County: [________________________________]

Additional Location(s): [________________________________]

PART THREE: NEW MEXICO LEGAL FRAMEWORK

3.1 No State-Level DBA Registration for Most Entities

New Mexico is one of the few states that does not have a statewide DBA or fictitious name registration system for sole proprietors, LLCs, or corporations. The New Mexico Secretary of State does not accept DBA filings.

Key implications:

☐ No exclusive rights are granted to a business name merely by using it as a DBA
☐ No state-level database exists to search for conflicting DBA names
☐ Name protection requires separate trademark registration or assumed name protection under common law

3.2 Partnership Fictitious Name Certificate (NMSA 1978 § 53-5-1 et seq.)

Partnerships operating under a fictitious name (i.e., a name that does not include the full legal names of all partners) must file a fictitious name certificate. Under NMSA 1978 § 53-5-1:

☐ The certificate must be filed in the office of the county clerk of each county in which the partnership transacts business
☐ The certificate must set forth the fictitious name, the names and addresses of all partners, and the principal place of business
☐ The certificate must be signed by all partners and acknowledged (notarized)

3.3 Trade Name Protection Options

While not required, businesses in New Mexico may seek name protection through:

☐ Trademark Registration: File a trademark or service mark registration with the New Mexico Secretary of State under NMSA 1978 § 57-3A-4 (filing fee: approximately $50.00)
☐ Name Reservation: Reserve a corporate or LLC name with the Secretary of State under NMSA 1978 § 53-11-7 (corporations) or NMSA 1978 § 53-19-7 (LLCs)
☐ Federal Trademark: File a federal trademark application with the U.S. Patent and Trademark Office

3.4 Local / County Requirements

Some New Mexico counties and municipalities may have local business licensing requirements that include disclosure of business names. Check with:

☐ County Clerk's Office of the county where business is conducted
☐ Municipal licensing division (if operating within a city or town)
☐ New Mexico Taxation and Revenue Department for CRS registration

PART FOUR: PARTNERSHIP FICTITIOUS NAME CERTIFICATE

(NMSA 1978 § 53-5-1 et seq.)

CERTIFICATE OF FICTITIOUS NAME

STATE OF NEW MEXICO

COUNTY OF [________________________________]

The undersigned partners hereby certify under NMSA 1978 § 53-5-1 et seq.:

1. Fictitious Name:

The partnership will transact business in the State of New Mexico under the fictitious name of:

[________________________________]

2. Partners:

3. Principal Place of Business:

Street: [________________________________]

City: [________________________________] County: [________________________________] State: NM Zip: [________]

4. Nature of Partnership Business:

[________________________________]

5. Date of Formation: [__/__/____]

6. Counties in Which Partnership Transacts Business:

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

7. This certificate must be filed with the county clerk of each county listed above.

8. Declaration:

The undersigned partners declare that the information contained in this certificate is true, correct, and complete.

Partner Signatures:

Partner Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Partner Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Partner Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

PART FIVE: NOTARY ACKNOWLEDGMENT

(Required for Partnership Fictitious Name Certificate)

State of New Mexico
County of [________________________________]

On this [____] day of [____________], [________], before me, the undersigned Notary Public, personally appeared:

[________________________________] and [________________________________]

known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument, the person(s) acted and executed the instrument.

WITNESS my hand and official seal.

Notary Public Signature: _________________________________

Notary Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

PART SIX: VOLUNTARY DBA NOTICE

(For Non-Partnership Entities — Not Legally Required in New Mexico)

While not required by New Mexico law, the following voluntary notice may be used for internal record-keeping, publication, or to provide notice to counterparties and the public.

NOTICE OF USE OF FICTITIOUS BUSINESS NAME

Notice is hereby given that:

1. [Legal Name of Registrant], a [entity type] organized under the laws of [state/country of organization], with its principal place of business at [business address], intends to conduct business in the State of New Mexico under the fictitious business name "[DBA Name]".

2. The nature of the business to be conducted under the fictitious name is: [description of business].

3. The business commenced (or will commence) operations under the fictitious name on [__/__/____].

4. This notice is provided voluntarily for informational purposes. New Mexico does not require state-level DBA registration for [entity type] entities.

[Legal Name of Registrant]

By: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Title: [________________________________]

PART SEVEN: OPTIONAL PUBLICATION NOTICE

PUBLICATION TEXT

NOTICE OF FICTITIOUS BUSINESS NAME

Notice is hereby given that [Legal Name of Registrant], located at [Business Address], is conducting business in the State of New Mexico under the fictitious business name "[DBA Name]". The nature of the business is [Description of Business].

This notice is published voluntarily; New Mexico does not require statewide DBA registration or publication for most entity types.

Registrant: [Legal Name of Registrant]

Date: [__/__/____]

Publication Checklist

☐ Select a newspaper of general circulation in the county of the business address
☐ Publish for [____] consecutive weeks (as required by contract, lender, or local practice)
☐ Obtain Affidavit of Publication from the newspaper
☐ Retain Affidavit of Publication with business records

PART EIGHT: AMENDMENT AND WITHDRAWAL

8.1 Amendment of Partnership Fictitious Name Certificate

If any material information in the partnership fictitious name certificate changes, an amended certificate must be filed with the county clerk of each county where the original was filed. Changes requiring amendment include:

☐ Change in the fictitious name
☐ Addition or withdrawal of a partner
☐ Change in the principal place of business
☐ Expansion to additional counties

8.2 Withdrawal of Partnership Fictitious Name

When the partnership ceases to use the fictitious name:

☐ File a withdrawal notice with the county clerk of each county where the certificate was filed
☐ The withdrawal should be signed by all remaining partners
☐ Notarization may be required (verify with the county clerk)

8.3 For Non-Partnership Entities

Since no state-level filing exists for non-partnership entities:

☐ Update internal records to reflect any changes in the DBA
☐ Notify banks, vendors, and counterparties of name changes
☐ If a trademark was registered, file an amendment with the Secretary of State

PART NINE: PRACTICAL CONSIDERATIONS

9.1 Bank Account Requirements

Most banks in New Mexico will require documentation to open a business account under a DBA name. Common requirements include:

☐ Proof of entity formation (Articles of Organization, Articles of Incorporation, etc.)
☐ Employer Identification Number (EIN) from the IRS
☐ Signed DBA notice or affidavit (this template may suffice)
☐ Government-issued photo identification

9.2 Tax Registration

Regardless of DBA status, businesses in New Mexico must register with:

☐ New Mexico Taxation and Revenue Department — Combined Reporting System (CRS) registration for gross receipts tax, withholding tax, and other state taxes
☐ Internal Revenue Service — Employer Identification Number (EIN) if the business has employees or is taxed as a partnership, corporation, or multi-member LLC

9.3 Name Protection Recommendations

Because New Mexico does not offer DBA registration, businesses should consider:

☐ Conducting a thorough name search before adopting a DBA
☐ Searching the New Mexico Secretary of State business database: https://enterprise.sos.nm.gov/
☐ Searching the USPTO Trademark Electronic Search System (TESS)
☐ Registering a state trademark with the New Mexico Secretary of State
☐ Filing a federal trademark application if the business operates in interstate commerce

PART TEN: EXECUTION

IN WITNESS WHEREOF, the undersigned has executed this Fictitious Business Name Notice as of the date set forth below.

Registrant: [________________________________]

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Title: [________________________________]

PART ELEVEN: FILING INSTRUCTIONS AND CHECKLIST

For Partnerships Using a Fictitious Name

Step 1: Prepare the Certificate

☐ Complete Part Four (Certificate of Fictitious Name)
☐ All partners must sign the certificate
☐ Have the certificate notarized (Part Five)

Step 2: File with County Clerk(s)

☐ File the certificate with the county clerk of each county where the partnership transacts business
☐ Pay any applicable county filing fees (verify with each county clerk)
☐ Retain a filed-stamped copy for partnership records

Step 3: Publish Notice (If Required)

☐ Some counties may require publication; verify with the county clerk
☐ If publication is required, use Part Seven

For All Other Entity Types

Step 1: Understand the Landscape

☐ New Mexico does not require DBA registration at the state level
☐ Consider whether trademark registration or name reservation is appropriate

Step 2: Consider Voluntary Documentation

☐ Complete Part Six (Voluntary DBA Notice) for internal records and banking purposes
☐ Consider publishing a voluntary notice (Part Seven) if desired

Step 3: Protect the Name

☐ Search for conflicting names at the Secretary of State and USPTO
☐ Register a state or federal trademark if warranted
☐ Consult with a New Mexico-licensed attorney regarding name protection strategies

Sources and References

• New Mexico Secretary of State — Business Filing Services: https://enterprise.sos.nm.gov/
• NMSA 1978 § 53-5-1 et seq. (Partnership Fictitious Name Certificate)
• NMSA 1978 § 57-3A-1 et seq. (New Mexico Trademark Act)
• NMSA 1978 § 53-11-7 (Corporate Name Reservation)
• NMSA 1978 § 53-19-7 (LLC Name Reservation)
• New Mexico Taxation and Revenue Department: https://www.tax.newmexico.gov/

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a New Mexico-licensed attorney before filing.