Register businesses: Select business name – this is how it works

What business name for the business registration? (Image: Mikhail Nilov, Pexels)

The business registration and Business name are important steps that many small traders, freelancers and sole proprietors must have on their screen when they were founded.

It is not just about finding any name for your own company – the business name is finally the figurehead that is visible on the outside and also has to comply with a few rules.

What you have to pay attention to when you come up with a suitable name and how you officially register it, let’s take a close look at now.

What is a business name and how does it differ from a company name?

A business name is nothing more than a name under which you publicly present your company – for example on your website, on invoices or advertising materials.

Important to know: this name is no official Company namethat is entered in the commercial register. This is exactly the difference to a classic company name that only applies to registered merchants, GmbHs or UGs. Your business name is, so to speak, your brand name, which is simply created by use and not through registration.

So if you run a small business or a GbR, you can creative names like “Hairdone exactly” or “optics visionary” Use – but always in connection with your bourgeois name, so that it is clear who is behind it. For example, you could write on bills: “Hairdone hair accurate – Miriam sample woman”.

Which names are allowed and what is taboo?

In principle, you can let your creativity run free, but there are a few rules of the game that you should definitely consider. Business names are allowed No legal form additives as “GmbH” or “UG” contain if it is not really such a society. Terms such as “center” or “international” are also problematic if they are supposed to pretend a larger scope of the company than is actually present.

For example, are popular:

• Industry -related names: “Müller Bauwandwerk”

• Creative name constructions: “Café Sonnenblume”

• Combination of names and activity: “Max Mustermann IT services”

What doesn’t work at all:

• Names that could lead to confusion with other companies.

• Names that hide the factual size or legal form.

What must be observed when registering for the trade?

If you carry out your business registration – be it online or personally at the office – you should know that your business name is usually not recorded separately. Instead, your full name is made as an official entry. However, you can specify your desired business name in an extra field, for example “Hair exactly hairdresser – Max Mustermann”.

This is particularly important if you have your business registration via online portals such as Service.wirtschaft.nrw carry out. Here you should make sure that the name can be clearly assigned and does not give the impression that it is a registered company.

Name law stumbling blocks and how they secure themselves

Even if your business name is not entered in the commercial register, it can be legally critical if you choose a name that someone else is already using.

You should definitely check three things:

1. Avoid local collisions: If the name in your community is already in use, there could be trouble.

2. Make brand research: Especially with nationwide use, a look at the DPMA brand register not missing.

3. Sure uniqueness: Your name should be as unique as possible so that there is no confusion.

An example: You open a business for outdoor equipment and call it “Mountain vision”. If another company uses this name in the same region, you can get legal problems. If you have used the name first, you usually enjoy priority.

What happens if you make a mistake when choosing the name?

Typical sources of error are, for example:

• Legal form indications such as “GmbH” or “Group” if these legal forms do not actually exist.

• Names that indicate a much larger company structure than is actually present – for example “International Trading Company” for a sole proprietorship.

• Non-industry names: an IT service provider who “Biovital Health Center” calls, would be pretty confusing.

Particularly important: if there is actually a legal dispute because you unconsciously use the name of another company, you could be obliged to do so and possibly also to compensation.

Liability risks: How to secure your business name correctly

If you have chosen a business name that suits you exactly, you still have to be aware that the fun here doesn’t stop here. Because the name is not legally protected at first – and this can quickly become expensive if you unconsciously use a name that someone else uses.

Name collisions: That can really cause trouble

If another entrepreneur already uses the name you have chosen for his business, he can legally act against you. Loud § 12 BGB The one who first used the name can sue on omission. That means: You have to change the name immediately and not use it any further.

Important to know: It doesn’t always count who first entered the name in the commercial register. Rather, who actually used it first counts. And if your company and that of the other move in similar industries, it can be enough to get trouble in court. The sticking point is always the risk of confusion.

For example, if you call a construction company “Baumeister” and another craftsman uses the same name in the same region, it will be difficult. In various federal states, however, they could certainly exist in parallel if there is no risk of confusion.

Name the name can also be relevant under criminal law

A name conflict can not only be problematic in civil law – there can also be really trouble.

This is especially the case if you intentionally imitate the name of a well -known company to benefit from it. For example, if you have a shop “Nivia” call to the success of “Nivea” To build on, this can be as fraud § 263 StGB be assessed.

Cases in which you provide a well -known brand with an addition to use the risk of confusion are particularly critical. Examples would be “Luis Vuitton Outlet” or “Adiddas shoes”. Big companies know no fun and a juicy legal dispute is inevitable.

How to protect yourself from name problems

So that the whole thing does not fall on your feet, you should get a few protective mechanisms. The most important measures are:

1. Use monitoring services: If you want to protect your name, you can book special surveillance services that automatically check and inform the new commercial register entries if someone is planning the like.

2. Failing domains: It is not only important that the name is legally secured – you should also reserve the right internet domains. Ideally the classic endings like .de,, .com and .. Who knows how quickly someone else will be able to make ahead?

3. Carry out brand research: Before you use your name publicly, you should definitely research whether someone has already protected this name as a brand. Especially if you want to use the name throughout Germany or even internationally, there is no way around the databases at the German Patent and Trademark Office (DPMA) To search through.

4. Act early: If you plan to have your name protected as a brand, it is best to do this directly before you apply the name. This can be very tedious and expensive afterwards.

Anyone who ventures onto the market with a business name must take the topic of liability risks and name protection seriously.

Just because they have found a cool name does not mean that someone is not already using it before them. It is better to research too much and take preventive measures than to get trouble with warnings, claims for damages or even criminal charges later.

So: caution is better than forbearance.

Conclusion: business name as an opportunity

If you prepare your business registration, you should not only deal with the formalities, but also think thoroughly about your business name. The name is not just a practical detail, but your business card. A memorable and legally safe name can make the difference – so invest some time in the name.

Anyone who observes these points starts with a professional appearance.