Right to a name

Right to a name - Namensrecht

June 07, 2024

What is a name within the meaning of Section 12 of the German Civil Code?

A person's name is an external mark for identifying a person. However, the term also includes company names or name-like signs. Descriptions or abbreviations can also be covered by the right to a name if they are recognised in trade.

Who can claim the right to a name?

Both natural persons and legal entities, such as companies, parties or associations, can invoke the right to a name under Section 12 of the German Civil Code (BGB).

A natural person can invoke the protection of their own name from birth or, if applicable, upon marriage or adoption.

The right to a name can also continue after death if, for example, there are economic interests for which it is favourable to keep the name. However, the heirs of the bearer of the name can also have the use of the name discontinued.

It is generally permissible to appear in public under a stage name, pseudonym or similar, but the civil name must be used when dealing with authorities. According to Section 17 (2) of the German Commercial Code (HGB), you can sue and be sued under the name of your company. In such cases, the success of the action does not depend on the use of the civil name.

What does the protection of the name cover?

On the one hand, the right to a name protects against misuse of a name in the context of name usurpation. This occurs when a third party uses the name of another person without authorisation.

In addition, protection is also provided against a name dispute. Accordingly, a third party may not deny the right of another person to use a certain name. If, for example, a city gives itself an additional name in order to avoid confusion, this must also be used by third parties.

The owner of the name can assert a claim for injunctive relief or removal against anyone who misuses the name.

The right to a name also includes a negative dimension, i.e. the right not to have a name mentioned or published. For example, the media and press may not publish the name under certain circumstances, for example when reporting on criminal proceedings. This is about protecting a person's privacy and their general right of personality.