Business name check by the IHK: Is the company name I want still available?

Who can use the IHK name check?

All companies that are required to register in the commercial register 💬Handelsregister need a company name. These companies can use the IHK name check.

Why should I use an IHK business name check?

A company name sounds very simple at first, but unfortunately, it’s not as straightforward. Before the company name is entered in the commercial register, it must first be approved by the responsible local court. For the desired name to be registered, it must meet the formal requirements, e.g. be sufficiently different from existing companies. Otherwise, it will be rejected. Then, founders need to change the name and have the formation documents notarised again. This will result in additional costs for the founders.

To avoid all of this, the chamber of industry and commerce provides founders a service for a preliminary check regarding company law and existing companies. The preliminary examination is not obligatory but is highly recommended to avoid unexpected costs and delays. In most cases, the chamber’s assessment is consistent with the district judge’s decision.

The preliminary check can also speed up the incorporation process. Your notary can attach the assessment result to the application to the commercial register as proof of the validity of the registration.

What exactly does the IHK check?

As part of the preliminary review, the Chamber of Industry and Commerce (IHK) checks whether your proposed company name meets the legal requirements. In particular, they verify that:

1. the name is not already in use within the jurisdiction of the competent local court,
2. there is no risk of confusion with existing companies in that area, and
3. the name does not contain misleading or inadmissible elements.

The chamber also checks whether the company objective or the corporate purpose for non-profit companies is formulated correctly.

1. Does the company name have a distinctive character?

The chosen company name must be sufficiently distinctive. This means that the name must stand out from other regionally-based companies. This is usually achieved with an individual name suffix, for example with a combination of letters or numbers that have at least three digits. The company name can be based on the founders’ name, the business activity or an imaginary term. A combination of the variants is also possible.

2. Can the company name cause confusion?

The company name must not be too similar to existing ones. For example, if a Miller Auto GmbH already exists in the same district where a new Millers Automotive GmbH is to be set up, the risk of confusion is high. The names are not identical but too similar for consumers to distinguish them easily.

3. Is the company name misleading?

The name of a company may not contain anything misleading. For example, it’s only allowed to carry the added term of “consulting” if it really is a consulting firm.

Does the chamber check whether my name protected can be protected as a trademark?

No, assessing trademark protection is outside the chamber’s service. If you intend to have your company name protected as a trademark, the German Patent and Trademark Office 💬DPMA can provide useful information.

Are there special rules for different types of companies?

Yes, each legal form has its own set of rules when it comes to naming a business properly.

When’s the right time for the name check?

There is no fixed date to have your company name-checked.

However, the recommended time is generally before you schedule a notary appointment to set up the company, or invest money in domain rights, a trademark application and marketing, all of which contain the provisional company name.

Is there a legal obligation to have the name checked?

No, it is not mandatory and any checks you decide to make are voluntary.

📌 Based on our 12-year experience, firma.de strongly recommends the company name check. By simply submitting a form and waiting a few days you lower the risk of rejection significantly—usually at no cost.

Chamber of Crafts or Industry and Commerce?

Although the chamber of crafts 💬Handwerkskammer (HWK) is responsible for all craft businesses, the chamber of industry and commerce does the name checks regardless of industry and legal form. The HWK is consulted only if there are ambiguities in the wording of the business objective.

Which chamber should I contact about the check?

The application for a name check can be submitted online to your responsible IHK. Use the IHK Finder online to find out which one that is.

How long does the check by the IHK take?

Depending on the region and season, the name check may take just one day or a week. In metropolitan areas such as Berlin, the check may take longer due to the high number of enquiries.

What does the IHK name check cost?

The company name check is a free service—with two known exceptions: Berlin and Reutlingen. Both chambers charge a small service fee:

• Reutlingen: €50 plus VAT
• Berlin: €45 plus VAT

Can I register my company name against the chamber’s recommendation?

It’s not uncommon for the chamber to reject a proposed company name. Start by reviewing the feedback carefully to understand the exact reason for the rejection. Once you know what the issue is, you can adjust your company name accordingly and submit a revised version—this usually takes only a few business days.

Although it’s possible to proceed against the chamber’s recommendation, the final decision on registration lies with the local court. However, this approach is not advisable. In most cases, the chamber’s assessment is accurate, and challenging it can lead to unnecessary delays and costs.

📌 To avoid setbacks in the registration process, it’s best to follow the chamber’s guidance and use its service. Doing so ensures that your company can be entered in the commercial register without complications.

📌 Remember that your company’s limited liability only takes effect once it is officially registered—any delay extends the period during which shareholders remain personally liable.

What happens if the IHK approves but the local court rejects the name?

The final decision always lies with the district court judge, who determines whether the name is entered or rejected in the commercial register. In rare cases, the chamber may consider a company name admissible, but the judge may later refuse registration. In the end, the decision is partly subjective.

📌 The chamber does not guarantee or accept liability for its assessment.

If this happens, the company name must be changed. This can lead to additional expenses, such as amending the articles of association and paying notary fees again. All resulting costs are borne by the founders.

What happens after the name check?

If the IHK gives you a positive assessment, you can continue with forming the company by setting up a notary appointment. The verified company name is the one you use in your articles of association.

Note: Getting your company name-checked is just one step out of many in the company formation process in Germany.