Name check by the IHK when founding a company

If you want to GmbH online online, you need a company name. This must be registered at the relevant local court for a fee. Before registration, a formal check is carried out by the authorities. Your desired name for the new company must be clearly distinguishable from existing companies. If this is not clearly the case, the registration of the new company will be rejected by the local court. But what can company founders do to save additional costs?
The free IHK name check is a valuable aid here.

Who should use the name check by the IHK and when is it necessary?

Before registering a company name in the commercial register, you should take advantage of the free name check offered by the Chamber of Industry and Commerce. This applies to:

• Sole proprietor
• Founder of a GmbH
• Founder of a UG (haftungsbeschränkt)
• Founder of a stock corporation
• Founder of a partnership

The Chamber's free service saves you the fees of an unsuccessful registration at the local court and the time required for a second application to the commercial register.

What exactly does the IHK check during the name check?

If you want to found a UG online, these criteria are the basis for the IHK name check:

• Distinctive character
• Misleading
• Risk of confusion

Distinctive characternullThe chosen company name must be different from other companies based in the region. This can be achieved by adding an individual name suffix.nullMisleadingnullThe information in the company name must accurately reflect the business purpose of the company.nullRisk of confusionnullThe name of the new company must not already exist in a similar form at the location.nullIt is advisable to have the name check carried out by the IHK at an early stage. It should be carried out before the entrepreneur incurs any costs. This includes, for example

• Notary fees for the shareholders' agreement
• Registration of trademark rights
• Domain rights
• Marketing costs

What binding effect does the IHK name check have and how long does it take?

Company founders are not obliged to carry out a name check at the Chamber of Industry and Commerce. The name check is only a prognosis for successful entry in the commercial register. This means that a company name can be rejected by the local court despite an IHK check. As a rule, the company name check at the local IHK only takes a few days.

259.00 EUR – including advice on the start-up process

319,319.00 EUR – including advice on the start-up process