Company identifiers – protection for names, company names and business designations
In addition to traditional trademark registration, company identifiers offer independent protection for businesses. They protect company names and business names in particular, even without being entered in a trademark register. The prerequisite is that the identifier has sufficient distinctive character, is actually used in business transactions and is perceived by the market as a reference to your company.
Company identifier protection can play an important role, especially in the early stages of a company or in the case of unregistered marks. We provide comprehensive advice on the scope, creation and enforcement of company identifiers and show you how this protection can be strategically embedded in an overall concept comprising trademarks, designs and other intellectual property rights.
The protection of company identifiers is economically relevant but legally challenging. Whether a mark enjoys protection depends on numerous factors, such as the intensity of use, the geographical area of activity and the distinctiveness of the designation. We carefully examine these requirements and work with you to develop a robust protection strategy.
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Company identifiers as an alternative or supplement to trademarks
Trademark protection is not always available. In such situations, company identifiers often offer an additional or upstream level of protection. Company identifier protection can also play an important role alongside trademarks, for example in the case of company names, business names or special product lines.
We advise you on the optimal alignment of your trademark strategy and examine whether and to what extent a company identifier provides protection. In doing so, we also take into account possible conflicts with older trademarks or third-party trademarks and indicate when a supplementary trademark application is advisable or necessary.
Infringement of company identifiers – enforcement and defence
If your company identifier is infringed or attacked, swift and strategic action is crucial. We support you in enforcing your company identifier rights – both in and out of court. At the same time, we also represent you if you are accused of infringing third-party trademark rights.
With our many years of experience in trademark and brand law, we realistically assess the chances of success, develop clear options for action and resolutely represent your interests against competitors and before the competent courts.
Strategically securing your company's identifier – we advise you
Whether as an independent property right or as part of a comprehensive brand strategy, company identifiers are an important tool for securing your corporate identity. Our solicitors will support you from strategic planning and legal assessment to the enforcement of your rights.
Contact us if you want to protect or defend your company identifiers – for advice that provides legal certainty and economic clarity.
Your partners
Lawyer Christian Röhl, LL.M.
Certified Intellectual Property Lawyer
Partner
Lawyer Patrick Richnow, LL.M.
Certified Intellectual Property Lawyer
Senior Associate
Lawyer Jan Haßold, LL.M.
Specialized in copyright and media law
Salary Partner
FAQ – Frequently asked questions about company identifiers
A company identifier protects the designation of a business, in particular company names or business designations, provided that they are used in business transactions and are distinctive.
No. Protection arises through actual use in business transactions. Registration in a register is not necessary.
A trademark is entered in a register and offers clearly defined protection. A company identifier arises through use and is often more limited in terms of geographical area and content.
The protection depends on the field of activity and the reputation of the company. It can be local, regional or even national.
Oldercompany identifiers can conflict with newer trademarks. Conversely, older trademarks can limit the protection of a newer company identifier. A thorough examination is therefore essential.
A trademark application generally offers clearer, more comprehensive and, in the long term, more enforceable protection. We advise you on when it makes strategic sense to move from use to trademark protection.