Business start-up & company name: Companies have to observe this legally

Under commercial law Term the "Company” we not that Company as a whole, but only the name under which the businessman occurs in business transactions (§ 17 HGB). This results in various duties.

Why is the choice of company name so crucial?

you have some ideas for a new business but the thought of choosing the right name for it is difficult? The fact is: The Choice the right name is crucial for any business Significance – and that especially in the age of domains, whose value is increasing Age and linking in the net increases and one change makes difficult.

The company name is one of the most important factors in the Education an identity for your company. And choosing the right name is a difficult one decision, but which is vital to your Success is. Because a brand new business is a great way to make a name for yourself and a great first step toward a thriving one Future.

In small companies in particular, the right company name can be a decisive factor in the success or failure of a company. This is why you should take the time to research your business name before you go to the trouble of getting it apply.

What is important when choosing the right company name

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But what is a good brand name and a good copyright name? What kind of research are you doing to find the right name for your business? Which name should you choose? Finding a good and memorable company name can be difficult and time consuming.

It is even more difficult to ensure that the name unique is and is not being used by another company. What are you going through Headwhen you pick a name? You want a name that is short and light is to be remembered. You want a name that conveys the company's mission and values. It's also important to choose a name that doesn't look too similar to another company's name and that isn't too difficult to spell and pronounce.

A little anecdote

When I chose my company name a few years ago, I took care that it was at the beginning of the alphabet.

Admittedly, a name with an A would have been even better. But I didn't want any meaningless name either, I wanted something that also characterizes my professional focus. And these are now times Job and education. And: I didn't really like the work blog – although there are now.

Later it paid off Strategy from: After finding myself at the top of various lists of job and career blogs, I was clearwhy the domain berufebilder.de, but it was a good choice: The name starts with B. And B is in the alphabet and therefore pretty high on every list. With success, as you can see today.

Change the company name? Not a good idea!

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Its ever useful, set the name of your company early to ensure that the name of the customers is preferred. It's also important to know that the name you choose needs to stand the test of time as well. Nevertheless, you should think twice about the name, because a later change of the registered company or even brand name is with high Costs connected.

Although you can still change the company name later, there are always disadvantages. Apart from the bureaucratic effort and the resulting costs: every company name, every company, every company is a brand with a certain recognition value. If you change it later, this recognition value is lost. And that's bad for Marketing and brand image.

A company may only be managed by a merchant

Now, of course, my company is not a company. Since the link between the company concept and the Kaufmann property is based on the HGB, a company can only be managed by a merchant registered in the commercial register.

Nevertheless, the topic name choice is basically interesting for all self-employed, for example, even when it comes to the registration of their own domain - as mentioned above.

Therefore, the following are permitted for merchants:

• Name company (for example: “Müller GmbH”, “Schmitz OHG”, “Manfred Krause eK”)
• Property company (for example: “Top Vermögensanlage GmbH”, “Die Durstlöscher OHG”)
• Fantasy company (for example: “ABC GmbH”, “Luxuria OHG”)
• Combination (for example: “Luxuria Vermögensberatung GmbH”)

Small entrepreneurs and GbR must occur with proper names

Other companies (so-called small traders or small entrepreneurs and the Society civil law) are generally obliged according to the trade regulations to use their first and last name in business transactions (§ 15 b (1) trade regulations – GewO).

All company names which have a distinctive and distinctive character and which mislead non-essential business relationships are permissible. In addition, the company name must also contain a precise legal form information (for example: GmbH, OHG, registered merchant - eK-)

Illegal company names

On the other hand, a company name with purely generic terms is not permitted (for example: “Modegeschäft eK”, “Imbiss eK”). Before the company name is entered, a limited check is carried out by the commercial register (section 18 (2) sentence 2 HGB).

The commercial register will therefore only refuse entry if the company name is clearly misleading. However, the naming may also have consequences under competition law. According to the regulations of the law against unfair competition (UWG), defense or injunctive relief claims of a competitor against the Guide of a company name.

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