Business name and name rights

In short: A small business owner usually appears under their civil name and may add a trade name as long as it does not mislead and does not infringe others’ rights.

In more detail: Only merchants hold a “Firma” in the HGB sense. A small business may nevertheless use a business designation, for example “Max Mustermann – Web Design”. The name must not mislead (no “AG”, “GmbH”, “e.K.”) and must not infringe trademark or name rights of third parties.

In detail

• Research: before choosing, check the DPMA trademark register, Google and domain registries.
• Additions: descriptive additions are allowed, legal-form suffixes only if accurate.
• Imprint: the provider identification states the owner’s full first and last name.
• Domain: a free domain does not protect against name or trademark disputes.
• Trademark: whoever wants to use a name permanently can register it as a trademark (Registering a trademark at the DPMA).

See also: Trademark law and names, Imprint