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Business Name and Domain: Check Trademark and Name Rights

Trade mark register, commercial register, trade names and domains: how to check a business name before signs, printed material and the website are produced.

15 min read MarkenrechtDomainFirmennameRecht

A business name is found quickly and shed expensively. Anyone who prints signs, letters vehicles and builds a website before somebody has looked at the register risks exactly the invoice that an hour of research would have avoided. In 2025 the German Patent and Trade Mark Office received 96,328 trade mark applications (DPMA Annual Report 2025), 19.8 percent more than the year before; national applications alone rose from 77,224 to 93,291 (DPMA Annual Report 2025). The field is getting denser, not emptier. This article shows which rights reach for the same name at the same time, what a register search can and cannot deliver, and how to record the result so that it is still worth something in two years.

Name check in four decisionsTrade mark, trade name, company name, domain45Nice classes1Hit in the trade mark registerYes: check similarity and classesNo: move on to trade name research2Name already used in tradeYes: settle seniority under section 6No: check company and name rights3Same sector as the earlier hitYes: pick a variant before money goes inNo: note the residual risk, proceed4Domain and mailbox availableYes: secure domain, mailbox and profilesNo: consider DISPUTE or a variantRecord every pass with date, search term, database and number of hits

Four rights reach for the same name

The error of reasoning is usually already in the question. “Is the name free?” sounds like a single piece of information available somewhere. In fact at least four bodies of law reach for the same wording.

Each arises differently, extends differently far and is kept in a different place. Anyone who queries only one source therefore gets an answer that feels right and is nevertheless incomplete.

Trade mark, section 4 Trade Mark Act

As a rule it arises through registration with the German Patent and Trade Mark Office (Trade Mark Act). Protection applies only to the goods and services applied for, not to the name as such.

Trade name, section 5 Trade Mark Act

It arises without any register, purely through use in the course of trade (Trade Mark Act). There is no database in which such rights would be recorded completely.

Company name, section 30 Commercial Code

A new company name must be clearly distinguishable from company names already registered, but only from those in the same place or municipality (Commercial Code).

Name, section 12 Civil Code

Civil name law protects the names of individuals, associations and businesses and applies even where no commercial dealings are involved (Civil Code).

These four rights are not ranked one after another, they take effect side by side. A name can be entirely free in the trade mark register and still have been used for eight years by a business two districts away that relies on its trade name. Conversely, an entry in the commercial register offers no protection against an older trade mark: distinguishability under section 30 of the Commercial Code is expressly required only in relation to company names “in the same place or municipality” (Commercial Code), whereas trade mark protection applies nationwide. Which details belong on every website regardless of this is covered in our article on the imprint and the privacy policy.

Whoever was there first decides

Section 6 of the Trade Mark Act governs priority and seniority: where several rights collide, what matters is which of them has the earlier seniority (Trade Mark Act). For applied-for trade marks that is the filing date, for trade names the start of use. Every date you can evidence is worth hard money in a dispute: the first order, the first invoice, the first archived state of the website.

The DPMA examines the trade mark application for absolute grounds for refusal during the application procedure (not for possibly conflicting earlier rights of third parties, applicants should check that themselves beforehand). Translated from the German original.

This division of labour has consequences in practice. A registered trade mark is not a free pass but a right that an older right can take back. In 2025 the office received 155 invalidity applications (DPMA Annual Report 2025) based on the existence of earlier rights, after 102 the year before. Measured against the total portfolio the figure is small, but each time it hits somebody who had considered the matter settled.

  • Registration confirms that the sign is distinctive enough to serve as an indication of origin.
  • It confirms that the sign is not purely descriptive for the goods and services claimed.
  • It confirms that no absolute ground for refusal such as a state emblem stands in the way.
  • It says nothing about whether somebody else had the same or a similar name earlier.
  • And it says nothing about whether an unregistered trade name is older than your application.

Figures help with the classification. In 2025 55,863 trade marks were registered (DPMA Annual Report 2025), set against 18,982 withdrawals and 7,503 refusals. The office puts the result like this: “Fewer than 10 % of trade marks are refused on substantive or formal grounds.” The hurdle at the office is therefore low. The hurdle created by other people's earlier rights is examined by nobody at this stage. How much a cleanly maintained name contributes to the trust visitors bring to a website is described in the article on seals, master craftsman certificates and guarantee claims.

The register keeps growing

At the end of 2025 more than 900,000 trade marks were on the register for the first time, precisely 909,659 (DPMA Annual Report 2025), up 1.3 percent from 897,771 the year before. The fuller the register, the more likely it is that a catchy invented name is already taken in some class. That is not an argument against catchy names but for research that happens early enough to allow a change of course without consequences.
  1. The trade mark register of the German Patent and Trade Mark Office: identical and similar signs, and not only in the class you have in mind.
  2. EU trade marks and internationally registered marks extended to Germany, because they take effect here in the same way.
  3. Commercial, cooperative and association registers, checking the wording and phonetic variants.
  4. An open search for actual use: websites, trade directories, shop signs, vehicle lettering.
  5. The domain landscape: the preferred domain and the closest variants including umlaut spellings.
  6. Accounts on map, review and network services, because a name taken there permanently dilutes later findability.

Searching the register is freely accessible and costs nothing but time. What it cannot do is find rights that are not registered anywhere. That is precisely the gap opened by section 5 of the Trade Mark Act, because a trade name arises through use and appears in no directory. This is why the unstructured search for actual use as a rule belongs to the exercise, and why a research result is a statement of probability rather than a clearance. How such preparatory work fits into a website project is shown in the overview of our approach.

Document the research, do not just carry it out

For every pass, file a PDF or a screenshot with the date, the search term, the database and the number of hits. If the name is challenged later, the difference between “we did not find anything” and a dated research record is considerable, above all on the question of whether an infringement was negligent.

Likelihood of confusion: similarity times sector proximity

Section 14 of the Trade Mark Act prohibits third parties from using a sign where it is identical or similar to the trade mark, is used for identical or similar goods and services and therefore creates “a likelihood of confusion on the part of the public” (Trade Mark Act). Three conditions that work together: the more similar the signs, the greater the distance between the sectors has to be, and the other way round.

The office explains the mechanism with an example of its own: a trade mark “Hansmayer” protected for “sandwiches; catering for guests” could not successfully act against the trade mark “Hansmayer” for “sportswear” (DPMA Annual Report 2025). Identical wording, no conflict, because the goods have nothing to do with each other. For your naming decision that means a hit in the register only becomes a problem once it moves close to you.

Scroll table sideways

ConstellationProximity of signsProximity of sectorTypical assessment
Same wording, same serviceidenticalidenticalconflict, the name is as a rule not tenable
Same wording, far removed sectoridenticallowusually uncritical, an individual assessment remains necessary
Similar sound, same sectorhighidenticalcritical, a likelihood of confusion is often close
Additional word in front of a well-known signhighanycritical, well-known marks act even without sector proximity
Descriptive term in both nameslowidenticalfrequently unproblematic, no protection attaches to the descriptive term

The table does not replace an assessment of the individual case, it merely sorts the cases in advance. In our experience the decision is already taken here on whether a naming idea is pursued: a hit from the top row costs considerably more later than a new naming proposal today. The same caution applies to everything that later appears next to the name on the page, and that includes price statements and advertising claims.

Filing broadly has a catch

Section 26 of the Trade Mark Act requires the trade mark to be put to genuine use in Germany if claims are to be asserted from it or the registration is to be maintained (Trade Mark Act). If use is absent for five years, the registration can be declared revoked. In 2025 the office received 409 revocation proceedings (DPMA Annual Report 2025) aimed at a decision on the merits, after 320 the year before. Classes you do not actually serve are therefore not a quiet reserve but a surface for attack.
  • Register the preferred domain plus the two or three closest variants in one go
  • Compare the umlaut spelling with the written-out variant and redirect the second permanently to the first
  • Set up the matching mailbox on the same day so that the imprint and quotations are correct from the start
  • Create profiles on map and review services under the same spelling
  • File the registration date, the invoice and the holder details, because that is your evidence of seniority

If the domain is already taken

For .de domains there is the DISPUTE entry. It requires a prior holder enquiry with DENIC that is no more than one month old, plus evidence of the name or sign right (DENIC). DENIC describes the effect as follows: “A domain with a DISPUTE entry can continue to be used by its holder but cannot be transferred to a third party. The holder of the DISPUTE entry also becomes the new domain holder as soon as the domain is deleted.” The entry initially applies for one year and can be extended as long as the dispute continues.
  1. Note the date of receipt and the deadline before anything else happens.
  2. Check whether the asserted earlier right exists at all and for which classes it is registered.
  3. Check whether the trade mark is being used, because after five years without genuine use the defence under section 26 of the Trade Mark Act applies.
  4. Assemble your own seniority: first invoice, first archived state of the website, first advertisement, register extracts.
  5. Obtain legal advice and only then decide whether and in what form to respond.
  6. In parallel, calculate what a change of name would cost, because that is the benchmark for every negotiation.

Keep the deadline, check the substance

Keeping a deadline and disputing the substance are two separate exercises. Anyone who objects in time loses nothing; anyone who signs a cease-and-desist declaration drafted too widely may be bound for longer than the dispute would have lasted. The same care applies to other people's logos and project photographs on your own pages, see the article on client references and logos.

Changing the name without losing visibility

Sometimes the change is the cheaper decision.

It becomes expensive not because of the new signs but because of what hangs off the old address: links from directories, printed flyers, saved bookmarks and the position built up in search over years. Anyone who simply switches off the old domain throws that position away. Anyone running several locations moves them all at the same time, otherwise contradictory details arise: see the article on several locations on one website.

Technically the move is a chain of permanent redirects. Every old address points with status 301 to its matching new counterpart, not collectively to the home page. A blanket redirect to the home page is treated in our experience like an error page and does not pass on the position that was built up.

redirect.conf
# Move the old domain completely to the new domain
server {
    server_name old-example.invalid www.old-example.invalid;

    # Page by page, not collectively to the home page
    location = /services/ { return 301 https://www.new-example.invalid/services/; }
    location = /about-us/ { return 301 https://www.new-example.invalid/team/; }
    location = /contact/  { return 301 https://www.new-example.invalid/contact/; }

    # Only then the catch-all
    location / { return 301 https://www.new-example.invalid$request_uri; }
}

The old domain stays registered at least as long as links still point to it; one year is the lower limit, two are safer. In parallel, entries on map and directory services, signatures, invoice templates and profiles are brought up to date. How the change shows up in the search result is covered in the article on page titles and descriptions in the search result; what to watch for in the weeks afterwards is in the article on the first weeks after launch.

  • Imprint, privacy policy and terms updated to the new company wording
  • Mailboxes, forwarding rules and signatures across the whole team
  • Entries on map, review and trade directory services
  • Invoice and quotation templates including register and tax details
  • Vehicle and shop lettering, workwear, printed material
  • Links from partner sites, associations and trade guilds

How it works in practice

The saving lies in the order. Anyone putting the check at the beginning loses a naming idea in the worst case. Anyone putting it at the end loses printed material, domain, lettering and visibility in the worst case, and builds the website a second time.

Week 1: research

Trade mark register, commercial register, open search, availability of domains and profiles. The result is a dated record, not a gut feeling.

Week 2: decision

Sort the hits by proximity of signs and sectors, settle the classes, name the residual risk and determine a name variant as a fallback.

Week 3: securing

Register the domain and the mailbox, create the profiles, prepare the trade mark application and file the evidence for your own seniority.

Only then does building the website begin, not before. Anyone appearing in public under the new name for the first time will find the matching sign-up route in the article on announcing events on the website; what a course booking looks like in daily practice is shown in the article on a driving school website with course sign-ups. And because a checked name is part of what a business can later hand over, the article on business succession and handover value is worth a look. What the result looks like is shown by our example pages.

Sources and studies

This article is based on data from: German Patent and Trade Mark Office, Annual Report 2025, trade marks chapter; DPMA, trade mark protection and classification; DPMA, opposition and cancellation; DENIC eG, .de domain statistics and DISPUTE procedure; the Trade Mark Act, the Patent Costs Act, the Civil Code and the Commercial Code as published on gesetze-im-internet.de. Figures as at 6 September 2026. This article is an editorial overview and does not replace legal advice in an individual case.