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BOE-A-2026-804 ·14 January 2026 ·Resolution Low impact
Tax

Denial of company name reservation: Directorate General confirms prohibition due to similarity

The Directorate General for Legal Certainty and Public Faith has resolved an administrative appeal against the refusal to reserve the name 'Grupo Getura, SL'. The ruling confirms that adding generic or accessory terms does not prevent the application of the prohibition on similarity if a risk of confusion persists (Art. 408 of the Mercantile Registry Regulations). The objective is to prevent identical names that could mislead regarding the entity responsible for legal relationships.

In 3 key points

  1. The reservation of a company name is valid for six months from its date of indication (Art. 412.1 of the Mercantile Registry Regulations). (art. 412.1)
  2. The negative certificate is valid for three months for the execution of the public deed (Art. 414.1 of the Mercantile Registry Regulations). (art. 414.1)
  3. The prohibition on similarity applies even if generic, accessory, or insignificant terms are added (Art. 408 of the Mercantile Registry Regulations). (art. 408)

How it affects those involved

For companies undergoing a change of name, the ruling establishes that adding generic or insignificant words is insufficient to differentiate one name from an existing one (Art. 408 of the Mercantile Registry Regulations). The Central Mercantile Registry maintains an interpretative criterion aimed at detecting phonetic or structural similarities to prevent market confusion.

Lifecycle

2026-01-14PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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