Company Name Search & Protection: Firm, Domain or Trademark?

You have registered your GmbH (German limited company) in the commercial register, secured the matching .de domain, and now you think your name is protected? That is one of the most common and most expensive mistakes founders make. Company name, domain and registered trademark sound alike, but they protect completely different things. Only a registered trademark gives you an exclusive right under §14 MarkenG (the German Trade Mark Act, 2025) that lets you stop others from using your name. The other two feel like protection, but in trademark terms they are not. In this guide you will draw a clean line between the three concepts, see in a comparison table what each element actually does, and come away knowing where your real gaps are. (General orientation, not legal advice.)

Key Takeaways

• Only a registered trademark gives you an exclusive right (§14 MarkenG, 2025).
• A commercial register entry is not a trademark (§5 MarkenG, 2025).
• Registering a domain grants no trademark right and can infringe others' rights (IHK, 2025).
• Likelihood of confusion combines sign similarity with goods and services similarity (EUIPO, 2025).
• The DPMA protects only Germany (290 euros), the EUIPO protects EU-wide (850 euros).

Before you decide, a sober comparison pays off: you can research your mark in parallel and work through this guide at the same time. Start by checking your trademark.

What does a company name from the commercial register protect?

A company name protects your business as an identifier, but it is not a trademark. Under §5 MarkenG (2025), a commercial register entry creates an Unternehmenskennzeichen (business designation), a so-called commercial identifier. This right arises through use in commerce and stands separate from a registered trademark. The entry itself does not turn your name into a trademark.

The distinction is finer than it sounds. A business designation identifies your company as such, meaning the GmbH or the sole proprietorship behind the offering. A trademark, by contrast, marks specific goods and services in the market. Both rights can exist side by side, but they do not cover the same ground.

A commercial register entry creates a business designation through use, but no registered trademark. The two are separate rights with different reach (§5 MarkenG, 2025).

In practice, a business designation is often regional and limited to your actual commercial activity. It arises without an application and without a fee, but it is harder to enforce and to prove than a cleanly registered trademark. Anyone who relies on it alone holds the weaker position in a dispute.

Does my .de domain protect me as a trademark?

No, your domain does not protect you as a trademark. According to the IHK (the German Chamber of Industry and Commerce, 2025), registering a domain grants no trademark right and can even infringe someone else's trademark or name rights. Registration only secures the technical address for you, not the right to stop others from using a similar sign. That is a decisive difference.

A domain follows the principle "first come, first served". Whoever registers first gets the address. But that principle creates no protective right against third parties. On the contrary: if you register a domain that matches an older trademark, you can become the infringer yourself.

This is exactly where the uncomfortable truth lies that surprises so many founders. An available domain does not mean the name is free under trademark law. Trademarks and domains run in two separate systems. An available .de address says nothing about whether someone already holds an identical or similar trademark. You have to check both separately.

Choosing a domain without checking the trademark register means building on sand. In the worst case the website is live, but the trademark is blocked. To see how to line up both layers cleanly, use the EUIPO trademark search.

What does only a registered trademark give me?

Only a registered trademark gives you an exclusive right. Under §14 MarkenG (2025), third parties may not use identical or similar signs for identical or similar goods and services. You can demand that they stop and claim damages. Neither a company name nor a domain gives you this active lever.

That is the practical core. With a registered trademark you are not just the holder of a name, you have an enforceable right to prohibit. If someone introduces a confusingly similar sign in your market segment, you can act against it. This protection is proactive, not merely defensive.

The decisive yardstick here is the likelihood of confusion. Under the EUIPO Guidelines, Art. 8(1)(b) (2025), it arises from the combination of two factors: the similarity of the signs, whether by sound, appearance or meaning, and the similarity of the goods or services. The two interact. The more similar the offerings, the less sign similarity is needed for a conflict.

Likelihood of confusion in practice

• Sign similarity: How close are the names in sound, in appearance or in meaning?
• Goods and services similarity: Do the offerings or sectors overlap?
• Interaction: Strong closeness on one axis lowers the threshold on the other.

So before you file, an upfront search pays off. To learn how to read a hit correctly, see the related guide trademark research before filing.

Company name, domain and trademark compared side by side

The three elements do different things, and that is exactly what makes the comparison so useful. Under §14 MarkenG (2025), only a registered trademark gives an exclusive right, while a company name and a domain serve other, narrower functions. The table below puts the three side by side so you can spot your gaps at a glance.

	Company name / Commercial register	Domain	Registered trademark
What it gives you	A business designation through use, identifies your company (§5 MarkenG, 2025)	A technical online address on a "first come, first served" basis	An exclusive right: prohibition, cease and desist, damages (§14 MarkenG, 2025)
What it does NOT do	It is not a trademark, no active right to stop similar signs	Grants no trademark right, can infringe others' rights (IHK, 2025)	Does not automatically protect beyond the registered territory and classes
Reach	Mostly regional, tied to your actual commercial activity	Reachable worldwide, but with no protective right against third parties	DPMA: Germany only (290 / 300 euros). EUIPO: EU-wide as a single unified right (850 euros)

Read the table top to bottom, not just across. The row "What it does NOT do" is the most important one, because that is where the expensive assumptions hide. Many people rely on the commercial register and a domain and believe everything is covered. In reality they are missing the only element with an active protection lever: the trademark.

The trademark itself also involves a reach decision. According to the DPMA (2025), a DPMA trademark protects only Germany and costs 290 euros filed electronically (300 euros on paper) for up to three classes, plus 100 euros per additional class. According to the EUIPO (2025), an EUIPO EU trademark protects the entire EU as a single unified right and costs 850 euros for the first class, plus 50 euros for the second and 150 euros per additional class.

Company name search in 3 steps

Before you commit to a name, check all three layers — in this order:

1. Search the commercial register: Look for identical or similar company names. Note that registers usually only check distinguishability locally — the same name can exist in several cities.
2. Check domain availability: A free .com or .de domain says nothing about name rights, but it is the practical prerequisite for your market presence.
3. Check the trademark registers — the decisive step: A registered trademark beats company name and domain. Check your desired name against the DPMA and EU registers — fastest with the free trademark check, more thoroughly with the EUIPO trademark search guide.

If you only do steps 1 and 2, you risk exactly the cease-and-desist scenario this article describes: the name is free in the commercial register but taken as a trademark.

Conclusion

The most important takeaway first: company name, domain and trademark are three separate things, and only one of them gives you an exclusive right. Under §5 MarkenG (2025), a commercial register entry creates a business designation, but no trademark. According to the IHK (2025), a domain only secures the address and can even infringe others' rights. Only a registered trademark gives you the lever, under §14 MarkenG (2025), to stop others from using confusingly similar signs. The reach you need decides between the DPMA (Germany only, from 290 euros) and the EUIPO (EU-wide, from 850 euros). For real conflicts, a specialized lawyer belongs at the table, because this guide is no substitute for legal advice. Before you build a name, check whether it is truly free, and research your desired trademark now.