Businesspally hints Legal procedures for Business Naming
One of the most important decisions at the beginning of setting up a startup company is that of the right company name to use.
Actually, most startup business owners do have one name in mind before finalizing the business.
But as as young entrepreneur that has not established any business before, you don’t know what it takes to choose a name that will stand the test of time.
Nevertheless, depending on the legal form, you have different options for choosing your company name, says chaktty.
I will go into this and tips for the optimal company name in this article.
The following tips are my personal opinion and not individual legal advice. If you have specific questions or problems, you should contact your lawyer.
Choosing Business name yourself
You have to live with this name and therefore you shouldn’t rush into this.
This company name will make you known in your market and that is usually the first impression you make on potential customers.
In addition, your own company name is on all business documents, therefore, great care is required here.
Legal restrictions in business name registration
Before I get to the creative part of choosing a business name, here are a few legal frameworks regarding brand name.
The options for naming your own company depend primarily on the legal form, according to businesspally.
In the case of sole proprietorships and GbRs, there is actually no much limit, but you have to provide a unique company name.
Sole proprietorship
This also includes the self-employed, freelancers and small businesses who are not entered in the commercial register.
Basically, you have to give your proper name, i.e. first and last name. You can then add a name, branch description or a fantasy name to this.
While the surname is sufficient for freelancers, the first and last name must also be given for small businesses.
Examples:
Akin chaktty ” (small business)
Techpally digital marketing (freelancer)
Tech pally media (with imaginary names)
Partnerships
In the case of partnerships, such as GbR or OHG, basically the same rules apply to naming, imaginary names, etc.
In the case of a GbR, at least the names of 2 shareholders must be listed (if there are more, then “and Co.”).
In the case of a general partnership, the surname of a partner is sufficient or you can use a fantasy name entirely.
Examples:
Businesspally marketing and Co.” (GbR)
BP
Registered companies
Registered companies are, for example, AG and GmbH. In these companies, the legal form must always come after the proper name or imaginary name.
These companies are relatively free to choose their own names.
If a merchant is registered in the commercial register in EU, then his company name must have “eK” or “e.Kfr.”
Examples:
Healthpally service GmbH”
“EDV Service eK”
You may need a lawyer to avoid Mistakes
The naming is not without its pitfalls. A few of the issues to watch out for are:
The company name does not have to convey the company content (this is most evident with fantasy names), but it must not be misleading either.
For example, your own company name must not pretend that you are active internationally if you are only active regionally, Techpally business expert advised.
The company name must also not misrepresent the size of the company.
Likewise, one should not come into conflict with trademark law.
Although you can choose any imaginary name, you shouldn’t conflict with existing brands.
Internet research can help. Otherwise you should consult a specialized lawyer.
Caution is also advised with the company additions. General terms such as service, technology , advice are generally harmless.
Other terms, such as institute, on the other hand, are critical. Here, too, it is important not to cause any misleading.
In individual cases you should ask a lawyer. With such a long-term decision, you shouldn’t risk having to change your company name after a few years.