A company identification mark is a so-called commercial designation. In contrast to a trade mark, a company identification mark directly identifies a company and only indirectly identifies the goods or services originating from it. A company name can be the name of a business (e.g. ‘Bakery Miller’), the company name under which a merchant conducts his business (e.g. ‘Sailing School Stiff Breeze’) or a so-called establishment name (e.g. ‘Crown Hotel’). Under certain conditions, so-called company signs (e.g. the well-known colour of a parcel service's delivery van or the button in the ear of a teddy bear) can also obtain this protection.

A significant difference to a registered trade mark is that a company identification mark is not an IP right registered in an official register, but that its protection arises upon commencement of use, provided that the company identification mark has distinctive character or a reputation. The protection of company identification marks therefore only extends territorially where these criteria are met, whereas the protection of a registered trade mark extends throughout Germany from the time of registration, even if it is not yet in use.

Nevertheless, it should always be considered whether a company identification mark can also be protected as a registered trademark.