A company's business name is the name entered in the Commercial Register under which it operates. A company may have only one business name, clearly distinguishable from other names registered in Estonia. Further requirements and restrictions apply.
Requirements and restrictions
- The name must use the Estonian-Latin alphabet.
- The beginning or end must indicate the business form, such as “OÜ” or “osaühing”.
- It must not conflict with good morals or mislead about the company's legal form, business activity or scale.
- A word, letter, number or combination protected as a trademark in Estonia cannot be used without the owner's notarised consent, unless the business operates outside the protected activities. EU trademarks are also protected in Estonia.
- Names of state or local authority bodies and institutions cannot be used.
- Words indicating state, city or municipality participation may be used only where the relevant authority owns more than half the shares.
- The name must not conflict with the company's activities.
The Commercial Code contains additional rules for specific forms, including sole proprietors, general partnerships and limited partnerships.
What does clear distinguishability mean?
There is no fixed number of characters that must differ. One letter may be enough in some cases, while three may be insufficient in others. Both spelling and pronunciation matter. Differences in inflection or other grammatical endings do not count.
Choosing a name that is not too short and referring to the company's principal products, services, location or founders can help distinguish it.
How can you check a name?
The simplest preliminary check is the Commercial Register's name search, comparing the proposed name with existing entries.
Results show:
- Identical or similar registered names.
- Identical or similar names currently being processed.
- Estonian-registered trademarks contained in the name.
What if a name does not comply?
The court maintaining the register makes the final decision. If the name fails the legal requirements, the registrar asks the applicant to choose another within a specified period.
Sources:
Commercial Code
Eesti.ee