Corporate Naming and Trademark Law

A very important aspect often overlooked when starting a new business is checking the desired company name for conflicts with the existing protective rights of other companies.  

One such protective right, for example, is a trademark. National trademarks are registered by the German Patent and Trademark Office (DPMA) upon application and after verifying eligibility for registration. By registering, the trademark owner obtains a unique distinguishing feature: they alone decide on the use of the protected word and/or image trademark within the protected scope. Additionally, a trademark can also obtain protection through use (without registration), although the requirements are quite high and often difficult to prove in individual cases.  

The commercial register enters the desired company name as long as it is not already taken and is eligible for registration. It does not check for existing protective rights. Therefore, even the formation of the company could potentially constitute an infringement of third-party rights.