”
Background to the decision
\n\n
In proceedings under register law, the question may arise in which spelling the company name of a corporation is to be entered in the commercial register. A decision of the Higher Regional Court (Oberlandesgericht) of Frankfurt am Main concerned the entry of a company name in capital letters (upper case) and thus the distinction between the formation of the company name that is decisive under register law and the typographical presentation in the register.
\n
Procedural history and point in dispute
\n
Application and objection in the register proceedings
\n\n
The starting point was an application for registration in which the company sought to have its company name entered in the commercial register in capital letters (upper case). The register court objected to the requested spelling or did not carry it out in the form applied for.
\n
Appeal and decision by the OLG Frankfurt am Main
\n\n
The company challenged this through the appeal process. The OLG Frankfurt am Main (order of 19 January 2026, case no. 20 W 194/25; source: urteile.news) confirmed, in line with the decision as reproduced in the source, that the company may demand the registration of its company name in capital letters (upper case).
\n
Legal classification
\n
Company name as legal name and register entry
\n\n
The company name is the name under which the merchant or the company appears in legal dealings and under which it can sue and be sued. What is decisive is that the company name complies with the statutory requirements (in particular distinctiveness, truthfulness of the company name, and absence of deception). The decision builds on the fact that spelling in capital letters (upper case) concerns a form of presentation of the company name and is not, without more, to be treated as a substantive change to the company name.
\n
Significance of the spelling (upper case) in the commercial register
\n\n
According to the approach taken by the OLG Frankfurt am Main, registration in capital letters (upper case) is permissible under register law. The entry must be based on the company name as filed; a deviation in spelling is not justified merely because the register prefers a particular typographical practice. The order thus clarifies that the registration procedure is bound by the application insofar as no statutory grounds for refusal apply.
\n
Practical relevance for companies
\n
External appearance and register clarity
\n\n
The decision concerns a constellation that is not uncommon in practice: companies choose a particular spelling for their market presence (for example in capital letters) and want to ensure a consistent designation in the register, correspondence, and publications. From the perspective of register law, this addresses the question of whether typographical formats of the name can be restricted independently or whether the filed spelling must be followed.
\n
Delineation from substantive issues of company-name law
\n\n
This does not affect the fact that the permissibility of the company name as such must still be measured against the statutory criteria. In its thrust, the decision does not call into question the general requirements for the formation of company names, but treats the spelling as a registrable form of presentation, provided that this does not give rise to impermissible deception or any other objection under register law.
\n
Note on classification and source
\n\n
The above statements summarize the content of the decision as it emerges from the report at https://urteile.news/OLG-Frankfurt-am-Main_20-W-19425_Gesellschaft-kann-Eintragung-ihres-Firmennamens-in-Versalien-fordern~N35706 (OLG Frankfurt am Main, order of 19 January 2026, case no. 20 W 194/25). The official reasons for the decision in the original are authoritative.
\n
Outlook: registration practice and corporate-law context
\n\n
Questions regarding company naming and the implementation of filings under register law often also touch on follow-on aspects of corporate law, for example in matters of articles of association, changes of company name, or restructuring measures. Anyone who needs clarification on this in a business context can find further information at MTR Legal on legal advice in corporate law.
“
