German Company Naming Rules (Firmenrecht)
German company names are governed by HGB §§17–37. Under HGB §18, every company name (Firma) must have sufficient distinctiveness (Unterscheidungskraft) to distinguish it from others. Purely descriptive names, generic terms, and common surnames used alone are rejected. A rejected name delays Handelsregister entry — and therefore the company's legal existence.
- Must be distinctive — purely descriptive names rejected under HGB §18
- Must not mislead about the company's nature, size, or activities
- Foreign language names permitted if distinctive and pronounceable
- Uniqueness assessed at Registergericht (district court) level, not nationally
Five-Step Name Availability Check
The name approval process involves two institutions: the Registergericht and the local IHK, which advises on distinctiveness. Running all five steps before the notary appointment avoids costly delays.
| Step | Action | Resource |
|---|---|---|
| 1 | Search existing registrations | handelsregister.de — free, "Alle Register" tab |
| 2 | Assess distinctiveness vs same-district names | HGB §18, GmbHG §4 |
| 3 | Check for trademark conflicts (German) | dpma.de — DPMAregister word mark search |
| 4 | Check for EU trademark conflicts | euipo.europa.eu/eSearch |
| 5 | Submit name to IHK for pre-clearance | ihk.de (local IHK branch) |
Mandatory Legal Form Suffixes
Every German company name must include a suffix identifying its legal form. Omitting or misstating the suffix is one of the most common causes of Handelsregister rejection and can be avoided entirely with a pre-filing check.
| Legal Form | Required Suffix | Statutory Authority |
|---|---|---|
| GmbH | GmbH or Gesellschaft mit beschränkter Haftung | GmbHG §4 |
| UG | UG (haftungsbeschränkt) — full form, always required | GmbHG §5a(1) |
| AG | AG or Aktiengesellschaft | AktG §4 |
Germany has no formal name reservation system. A proposed name is not protected until the company is officially entered in the Handelsregister. IHK pre-clearance is advisory — another applicant could file the same name in the interim period before your notarisation.
Trademark Clearance at DPMA and EUIPO
Clearing a name in the Handelsregister only confirms no identical company exists in the same district. A third party with a prior trademark can demand you cease using a name even after Handelsregister acceptance.
- Search DPMAregister at dpma.de for existing German word marks
- Check EUIPO eSearch at euipo.europa.eu for EU-wide trade marks effective in Germany
- Search both exact name and phonetically similar variations
- DPMA national trademark: €300 for 1 class; EUIPO EU mark: €850 for 1 class
Frequently Asked Questions
How do I search for a German company name in the Handelsregister?
Go to handelsregister.de, select "Alle Register," and enter the company name or a keyword. The search is free and returns all registered companies across German district courts. Downloading certified extracts costs approximately €1.50 per document.
Does Handelsregister availability mean no trademark conflicts exist?
No. The Handelsregister only reflects registered companies. A name may be free commercially but already protected as a word mark or EU trademark. Run separate searches at dpma.de and euipo.europa.eu before finalising your name.
What suffix is required for a UG company name?
A Unternehmergesellschaft must use the full designation "UG (haftungsbeschränkt)" as required by GmbHG §5a(1). The abbreviation "UG" alone is not legally sufficient — the parenthetical must always appear in full to warn creditors of potentially minimal share capital.
Can I use an English company name in Germany?
Yes. English-language names are permitted if they meet HGB §18 distinctiveness requirements and include the correct legal form suffix. Purely descriptive English names face the same rejection risk as descriptive German names.
What happens if my chosen company name is rejected by the Handelsregister?
The formation process stalls until a compliant name is submitted. The notary must prepare an amended filing, delaying Handelsregister entry and the company's legal personality. Running the five-step check before notarisation avoids this delay.
What is the IHK pre-clearance advisory and is it binding?
The local IHK offers a voluntary advisory opinion on whether a proposed company name meets HGB §18 distinctiveness requirements. The IHK pre-clearance is advisory only — the Registergericht makes the final determination. A positive IHK opinion significantly reduces rejection risk but does not guarantee Handelsregister acceptance.
Can two companies in different German cities have the same name?
Potentially yes, since distinctiveness is assessed at Registergericht district level rather than nationally. However, a company with national market presence or a prior trademark can challenge a later registrant anywhere in Germany for unfair competition. Running a nationwide search on handelsregister.de (selecting "Alle Register") is essential before settling on a name.
What does "distinctive" mean under HGB §18 for German company names?
Under HGB §18, a company name must have sufficient Unterscheidungskraft (distinguishing character) to differentiate it from other registered companies. Purely descriptive terms like "German Consulting GmbH" may be rejected. Names with invented words, personal names, or unique combinations of descriptors generally satisfy the test.
Is there a cost to changing a German company name after registration?
Yes. A name change requires a notarial amendment to the articles of association and a Handelsregister filing. Notary fees under GNotKG run approximately €300–600; the Handelsregister court fee is around €70. The full name clearance process (Handelsregister, DPMA, IHK) must be repeated for the new name before the notary appointment.
Can I reserve a German company name before formation?
No. Germany has no formal name reservation system. A proposed name is protected only from the moment the company is entered in the Handelsregister. Another party could register an identical name in the same district between your IHK pre-clearance and notarisation. The only way to secure the name is to complete the Handelsregister registration quickly.
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