Naming of a company
March 16, 2011 | 40,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Our company is made up of several GmbHs, each with its own name. Together, we present ourselves as a team. This is how we answer the phone and how we are represented online. The individual names of the companies only become clear when you take a closer look at the website. Now there is concern that we may not be allowed to use this name because it is not registered in the commercial register.
(I am not sure if trademark law is the appropriate field)
Is it legally acceptable to answer the phone under a different fictitious company name?
Dear Seeker,
Thank you for your inquiry. I would like to answer it as follows:
Your inquiry is more related to commercial law and potentially competition law rather than trademark law.
I also see it as problematic if you or the relevant employees identify themselves under a fictitious name, as there is a risk of misleading.
In the worst case scenario, a competitor could decide to issue a warning, which could lead to disputes.
In this context, I would strongly advise that the respective employee of the respective GmbH only identifies themselves and acts exclusively under the company name of the relevant GmbH.
I hope I have provided you with some initial legal orientation and wish you much success and all the best!
I would like to finally point out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have helped you. Feel free to contact me through the follow-up option.
I wish you a pleasant Wednesday afternoon.
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax.0471/140244
