Domain yes,
Company No.
Domain yes,
Company No.
from
The BGH clarifies: The mere combination with a top-level domain is not sufficient for generic terms to create a legally registrable company. This lacks distinctive character.
Point de does not create a company
In its decision of 11.03.2025 – II ZB 9/24, the BGH clarified the question of whether the addition of a top-level domain is sufficient to create distinctiveness. A top-level domain is the part of the internet address that is located to the far right after the last dot. Examples of this are the well-known endings “.de”, “.com”, “.net” or “.org”. The BGH’s view is clear: this is not enough.
As a rule, the general business public does not perceive the top-level domain as being formative, but rather only as an indication of the company’s Internet presence.
The dispute was preceded by an amendment to the articles of association of a public limited company with which it intended to change its company name. In future, the company name was to consist of a generic term and the top-level domain .de. A generic term is a general term for a whole type or group of things. Examples of this are “car” or “airplane”. The competent registry court refused to register this company in the commercial register, citing the company’s lack of distinctiveness. After unsuccessful lower courts, the case finally reached the BGH.
One-time award option not sufficient
The BGH confirmed the decisions made. A company name only has distinctive character if it can distinguish the company from other companies by its nature and thus individualize it. The company must be capable of arousing an association with a very specific company among many others in readers and listeners. Such an association is lacking in the case of purely generic terms, in particular in the case of purely descriptive information that indicates the type and object of the company but does not identify a specific company.
A non-distinctive company does not acquire the necessary distinctiveness because the same domain name may not be assigned again.
The decision stated that the top-level domain alone does not create sufficient distinctiveness. This also does not apply against the background of the one-time allocation of the domain address. In this regard, the BGH clearly stated that in the event that other companies are registered under the same generic term with a different top-level domain, such as “.com” or “.net”, there is a likelihood of confusion in business transactions.
Conclusion
A catchy domain may be convincing in marketing, but it is no substitute for the legally required distinctiveness.
Anyone who relies on digital clout in the company name must nevertheless make a clear distinction under commercial law – between visibility on the Internet and the ability to be identified in the register.
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