German Company Name Check
The name of the Company will be checked at the Chamber of Commerce and Industry. We then need confirmation from the German Register of Companies "Handelsregister". There are more than 400 local Registers of Companies in Germany and several Chambers of Commerce and Industry.
Company name law - The basic rules
Every business - regardless of size - may have a company name entered in the Commercial Register. The companies may base their company name on a name derived from the object of the company, a made up name or a family name. This applies to all legal forms. The company name must have a distinctive character and must not be obviously misleading.
A distinctive character
As a rule, a company name which refers merely to a general object or a region has no sufficient distinctive character. This would, for instance, apply in the case of the company name "Italian Shoes KG". It is, therefore, always necessary to add an individualizing designation, that is a designation which individually characterises only a specific company and is different in terms of its company name from all other companies. Such distinctive character can be achieved by using, for instance, a combination of at least three letters, the name of one of the partners or shareholders, or a made-up name (e.g. "TVW Italian Shoes KG", "Boutique Toni e.K", or "Hotline EDV GmbH").
The company name derived from the object of the company, a family name or a made-up name
The company name derived from the object of the company contains information on the business activities or sector of the company (e.g. "ABC Software-Service KG" or "TOPTEC Computertrade AG").
The company name derived from a family name provides information about the name of the owner or of one (or several) partners or shareholders. Such a company name can, for instance read "Müller AG" or "Schmidt & Meier GmbH".
Made-up company names merely consist of made-up designations (e.g. "TOPEC AG", "Cyber.net KG"). These made-up company names can also be registered trademarks.
It is also admissible to use mixed forms (derived from family names, objects and/or made-up names).
Use of the legal form addition
Moreover, the company name must include an addition of the legal form which provides information on the liability relationship of the company. It is possible to use generally understandable abbreviations. Sole traders bear the designation "eingetragener Kaufmann" or "eingetragene Kauffrau" (registered sole trader) or an abbreviation like "e. K.", "eK", "e. Kfm." or "e. Kfr". An offene Handelsgesellschaft (general partnership) may use the abbreviation "oHG". A Kommanditgesellschaft (limited partnership) "KG". A Gesellschaft mit beschränkter Haftung (limited liability company) the designation "GmbH". An Aktiengesellschaft (joint stock corporation) the abbreviation "AG". If no person is personally liable in the case of a general or limited partnership, the limitation of liability must be discernible in the company name by adding, for example, "GmbH & Co. KG" or "GmbH & Co. oHG".
Risk of confusion
Even if the company name chosen by you complies with the principles in terms of company name law, it may still not be entered into the Commercial Register. This could, for instance, be the case if an identical or confusing company name was already entered in the Commercial Register in the city or municipality concerned.
If an identical or similar company name already exists in a different place, this is without relevance for the entry in the Commercial Register. A company which is located in a different place might, however, assert claims under competition or trademark law. An action to enforce a discontinuation of the use of the company name will be successful if the designation used by you has already been used by the plaintiff before you as a company name or trademark and if it is operating in the same or a similar sector as you.