How to name an individual entrepreneur - what are the requirements for the full name

The company name usually consists of a designation that indicates the legal form, as well as the name. This makes it possible to identify a legal entity and distinguish it from competitors.

A name often becomes part of branding and allows a legal entity to position itself in the market. With a competent approach to promotion, such a name can really be used to create a positive image.

The use of the name is protected by law. Protection can be judicial (filing a claim) and extrajudicial (additional consolidation of the right through Rospatent, filing claims).

A name can be registered as a trademark (TM), but we are talking about different phenomena. TM often also includes slogans, logos, and original packaging.

Legal protection for a trademark is provided after registration of the right through Rospatent. And registration of a company name occurs when data is added to the Unified State Register of Legal Entities and does not require separate actions. Including a company name as part of a trademark and securing rights to it provides additional protection. But in relation to the designation of a corporation, this is not necessary.

Organization name registration experts

• Goncharov Andrey Mikhailovich
• Kamakhin Oleg Vladimirovich
• Emelyanov Valery Stanislavovich
• Khomyakova Elena Sergeevna

Goncharov Andrey Mikhailovich

Lawyer in the field of information security
Experience: Professional experience in the field of IT law since 2020

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: Goncharov Andrey Mikhailovich All experts

Kamakhin Oleg Vladimirovich

Criminal lawyer in the IT field
Experience: Professional experience in the legal field since 1993

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: Kamakhin Oleg Vladimirovich All experts

Emelyanov Valery Stanislavovich

Civil lawyer in IT
Experience: Professional experience in the legal field since 2004

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: Emelyanov Valery Stanislavovich All experts

Khomyakova Elena Sergeevna

Jurisprudence
Experience: Professional experience in the legal field since 2003

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: Khomyakova Elena Sergeevna All experts

How to register an organization name

Many people confuse the process of registering a trademark and a business name.
The first is possible exclusively through Rospatent; there are no other options. And the assignment of rights to a specific name to a legal entity occurs at the time of its registration and entry of data into the Unified State Register of Legal Entities, as already mentioned above. Therefore, in order to register a company name, you need to collect all the documents for opening the company itself, analyze them for compliance with legal requirements, draw up an application and submit it to the tax office to which you belong, notarized or online.

The main thing is that the designation is unique. Otherwise, you risk being rejected and asked to choose another option. Please note that it is possible to register electronically, as well as notarization.

Options for using a commercial name

The commercial name may be used by other contractors. If you want to give a unique name to your company, then you can register a trademark. This procedure is strictly regulated by current legislation and consists of a number of stages.

But an individual entrepreneur does not have the right to assign a company name to himself, since he is an individual who has a full name. You can take a surname that reflects the specifics of the service provided (for example, the beauty salon “Catherine the Great”). But who would want to change their personal data for the sake of such a pun? When registering a trademark, the letterhead will contain a specially designed logo, and its data will be written below - IP Ivanov I.I.

If the trademark registration procedure is avoided, the constituent documents will contain information about the individual entrepreneur. Pay attention to receipts from stores, beauty salons and other organizations. As a rule, one name is indicated on the sign, and another name is indicated on the check (full name of a private entrepreneur).

Important! A businessman can use a commercial designation if it is not used by another enterprise for its activities. It does not have to be indicated in basic documents and in the state register. The chosen name can appear on signs, invoices, commercial forms, outdoor advertising, advertisements, and packaging.

How to check if a name is patented?

In order not to run into trouble, you need to choose an original designation for your future enterprise. Taking into account the total number of organizations that operate in different areas in Russia, this is not so simple. Therefore, it becomes necessary to check the name of the LLC for uniqueness. This can actually be done in the following way:

• in person, through the website of the Federal Tax Service of the Russian Federation;
• by contacting the patent office.

RTM Group employees are ready to organize a verification of the company name so that the legal entity does not have any problems later.

It is not difficult to understand the designation of companies. But what about individual entrepreneurs? The individual entrepreneur is registered under his full name. And, of course, it is impossible to register them as a unique name. But an entrepreneur has the opportunity to obtain rights to a trademark on a general basis. No one is stopping him from creating such intellectual property.

Is it necessary to call an individual entrepreneur by last name?

Russian legislation establishes that the assignment of the name of an individual entrepreneur is carried out according to the following scheme: “IP + full name”. This is the rule and it is unchanged.

For example, Pyotr Sergeevich Nikolaev decided to open a children's toy store. This means that when filling out official documents, he will indicate the full name of the individual entrepreneur as follows: “IP Nikolaev P.S.” This is his corporate name, which he will indicate for the unified register of individual entrepreneurs, to the tax authorities, providing reporting. In each of these documents, the businessman will be presented as “IP Nikolaev P.S.”

A name like this is branded. It differs from the official name of the company, which would look like, for example, Toy World LLC.

Designation accuracy

Registration of a company name through Rospatent

There are many advantages in deciding to register a company name as a trademark or as part of it, along with other elements of corporate identity (a unique combination of colors, slogan, logo, etc.). This opens up the following possibilities:

• allows the company to develop through the franchising system;
• makes it possible to make a profit from the use of intellectual property;
• allows you to more effectively defend your position in the event of litigation;
• increases the attractiveness of the company among investors;
• improves the competitiveness situation;
• increases the value of the company (the more property a company has, including intangibles, the more expensive it will be to sell).

There are enough arguments in favor of such a decision. All that remains is to figure out how to patent it. The process is no different from assigning rights to a trademark to a specific person. The algorithm is identical:

1. First, you need to finally make sure that the name is unique and conduct a preliminary check. Rebranding is expensive, troublesome and unprofitable.
2. Prepare all documents for filing an application with Rospatent.
3. Make your own application. It is important to complete the documentation correctly, as errors may result in your application being rejected. There is a fee for making corrections, and there will also be costs for resubmission. No one returns the state fee.
4. Select ICGS classes. This is not as simple a task as it seems. You can’t list everything, because that will increase costs. And if the TM does not subsequently apply to the chosen activity, you may be deprived of your registered right. Therefore, mindfulness is important.
5. Pay for two examinations - formal and substantive. Our lawyers will explain what these payments consist of and clarify the amounts.
6. Wait for the decision of Rospatent. Typically this takes 12 months. The period is sometimes increased to 18, and very rarely reduced. Corrections will need to be made if necessary.
7. If Rospatent makes a positive decision, you will be issued a certificate. Trademark protection is given for 10 years, which can be extended in the future.

RTM Group offers to analyze your specific situation and, at the client’s request, register it with Rospatent. You can also consult us on other issues of registration of intellectual property rights.

Registration of the right to a business name guarantees additional protection. The move also shows that the organization is serious about its own brand.

The RTM team is ready to help with both registration and protection of the right to a brand name if it has been violated.

Should I register the logo????

The image must first pass a uniqueness check, after which the right to submit an official application arises.

If similarities with already registered images are detected, your logo will be returned for reworking. If the verification is successful, you can submit an application. The final stage of the procedure is obtaining a certificate certifying the registration of the logo.

A detailed list of documents required to be presented to Rospatent is contained in the provisions of Article 1492 of the Civil Code of the Russian Federation. For the illegal use of a GC logo belonging to another company, Article 1515 establishes penalties.

The legal right to use the logo is valid for 10 years from the date of receipt of the registration document. After this period, re-registration is required.

To submit an application to Rospatent, the logo must be printed on thick paper measuring 8 x 8 cm. You can use:

• images of volumetric figures,

• verbal names, including stylized fonts,

• a combination of an image and a text symbol.

For this purpose, it is allowed to use computer graphics programs or manually create the logo. The main thing here is high quality. The image must be retained for its entire validity period without losing even any part of the designation.

According to designer Lo Ming Ming, known for his successful work for brands such as Microsoft and Google, “A good logo should be beautiful, memorable, recognizable and evoke emotions in a person.”

ATTENTION! From August 2, 2014, registration of emblems of NPOs and symbols of public associations, in the previously established manner, is no longer carried out due to the adopted Federal Law No. 236 of July 21, 2014.

As an alternative, we suggest considering the possibility of registering your emblem or symbols as a trademark under special conditions.

The emblem and symbols are the most memorable distinctive characteristic of a non-profit organization (public association). The procedure for their registration is regulated by a number of federal laws and by-laws.

— emblem of a non-profit organization (NPO); — symbols of a public association (emblem, flag, pennant and other means of individualization).

What do we offer?

— preparation of the necessary package of documents based on the information received from the applicant; — submission of documents to the registration authority; — control over the state registration process; — receipt of documents from the registration authority.

— extract from the Unified State Register of Legal Entities; — notarized copies of constituent documents and certificates of registration of the organization; — image of symbols on paper and electronic media.

The registration authority is the Department for Registration of Symbols of the Department for Non-Profit Organizations of the Ministry of Justice of the Russian Federation.

The registration action is not subject to state duty.

Registration period - a decision on the submitted documents is made within 30 (Thirty) working days and is brought to the attention of the applicant within 5 (Five) working days.

Peculiarities

The obligation to register the symbols of non-profit organizations (public associations) is enshrined in law in Article 24 of the Federal Law “On Public Associations” and in Article 3 of the Federal Law “On Non-Profit Organizations”.

Control over the fulfillment of this duty is entrusted to the Ministry of Justice of the Russian Federation, including the right to bring non-profit organizations (public associations) to administrative responsibility in case of detection of the use of unregistered symbols and failure to comply with orders to eliminate this violation.

Administrative liability (Article 19.5 of the Code of Administrative Offenses of the Russian Federation) provides for the possibility of imposing a fine on an organization in the amount of up to 20,000 rubles, and in relation to a public association - also suspension of activities and liquidation by court decision.

Restrictions

- inconsistency of the submitted documents with the established list or their incorrect design; - symbols with the same or confusingly similar image were previously registered; - submitted documents contain unreliable information; - symbols offend the morality, national and religious feelings of citizens, do not correspond to the subject and goals of the activity organizations;

- the organization’s activities have been suspended; - the organization is in the process of reorganization or liquidation; - the symbols violate intellectual property rights and (or) copyrights; - the symbols coincide with the state symbols of the Russian Federation, constituent entities of the Russian Federation and municipalities, and with the symbols of foreign states.

Regarding the basis for refusal to register symbols as a violation of intellectual property rights, we recommend, before submitting documents for registration of symbols, to use a service to check them for the presence of identical or confusingly similar trademarks among those previously registered or just applied for registration with Rospatent .

Eventually

As a result of the state registration of symbols (emblems), we provide the applicant with one copy of the image and description of the symbols, certified by the stamp of the Ministry of Justice of Russia on the state registration of symbols.

The national anthem of the Russian Federation, flags, emblems and anthems of the constituent entities of the Russian Federation, municipalities, foreign states, religious symbols, and also offend racial, national or religious feelings.

The inclusion in the charter of a non-profit organization of a description of the symbols it uses does not limit the rights of other organizations to use similar emblems, coats of arms, flags, heraldic signs and other symbols.

A description of the symbols, as already noted, can be included in the constituent documents of a religious organization. However, it must be borne in mind that the use of ordinary religious symbols (for example, a cross, a dove, the Bible, the Koran, a crescent) to a greater extent reflects the organization’s affiliation with any religious doctrine than is aimed at individualizing the organization itself. Consequently, the charter of a religious organization may not contain a description of symbols, even if such are used by the organization.

If legal protection is necessary, intellectual property objects used in the symbols of non-profit organizations can be registered on a voluntary basis with the Federal Service for Intellectual Property.

The absence of a description of symbols in the constituent documents of a non-profit organization may be grounds for refusal of state registration of changes made to the constituent documents of a non-profit organization only if there are sufficient grounds to believe that the symbols are used by such a non-profit organization.

Those organizations that began using symbols before August 2, 2014 will be required to include a description of them in their charters the first time they are changed.

Symbolism is one of the possible individual characteristics of a non-profit organization. Registration of symbols of a non-profit organization is regulated by a number of laws and regulations of the Russian Federation. Symbols mean any elements of symbols used to individualize the subject and goals of a non-profit organization in accordance with its constituent documents. This could be a logo, emblem, flag, pennant, etc.

Registration of symbols of a public organization is a labor-intensive procedure that requires special skills and experience from registrars. Carrying it out on your own, without legal training and without having encountered something similar before, is almost unlikely. Our company’s specialists have extensive experience and know first-hand what state registration of emblems of non-profit organizations is, they are familiar with all the intricacies of this procedure. We are happy to assist you with this legal process.

Depending on the form of activity of a non-profit organization, a number of specific requirements are imposed on symbols. Federal law prohibits the registration of symbols of certain types of public associations. It should not be similar to the symbols of Russia and its subjects, and it cannot be similar to the symbols of other states.

• Application signed by an authorized person (original and copy);
• Copies of the constituent documents of the non-profit organization. If the copy is not certified by a notary or by the body maintaining the Unified State Register of Legal Entities, then it can be certified by the signature of the head and the seal of the non-profit organization. The copy must be accompanied by the original, which will be returned to the applicant after review;
• A copy of the state certificate registration of a non-profit structure;
• Documents confirming the authority to use the citizen’s personal name or intellectual property.

First, information about the legal entity:

• name of the public organization: full or abbreviated, in Russian (foreign) language;
• belonging (religion) to a centralized religious organization (for religious organizations);
• notarized copies of constituent documents;
• passport details of the head of the organization or permanent governing (executive) body;
• information about the applicant, namely who he is in the public organization - documents confirming his status, NN, passport data, registration address, postal and actual addresses, and so on);
• bank details, OGRN, organization address (postal, legal, actual), as well as contact numbers;
• the number of persons who are members of the governing bodies of the public organization and detailed information about them;
• detailed information about the founders of the public organization (individuals and legal entities), territorial scope of activity of the community. organizations/number of branches.

Why RTM Group?

• The profile of RTM Group is conducting examinations in the field of IT and cybersecurity
• Questions about the legality of a particular activity are an integral part of the work of RTM Group lawyers
• We have licenses: License of FSTEC of Russia for activities related to technical protection of confidential information
• License of FSTEC of Russia for activities related to the development and production of means of protecting confidential information
• License of the FSB of Russia to work with cryptographic protection tools

Trademark selection

Usually they develop a logo for an individual entrepreneur with and without an inscription. It can be flat or voluminous. Samples of seals for individual entrepreneurs with a logo can be found on online resources.

During creation there are several stages:

• first they develop a concept and choose an idea. The font can be used regular or highlighted;
• then the client can order the designers to develop several versions of the sign in order to choose a color shade;
• at the end they connect the logo with the figurative sign.

All elements should fit well together, and the sign itself should stand out with its brightness and clear boundaries. The stamp is provided to the tax office. Many companies offer to make it to order. To do this, the businessman provides a passport, TIN and OGRNIP. You can create a logo for an individual entrepreneur online yourself.

There are special resources that present ready-made versions of signs. The businessman is given the opportunity to draw the required logo directly on the website. Text, font, and icon are also edited here.

Having created an online seal for an individual entrepreneur with a logo, you can then download the resulting version of the sign. Several services provide a logo for individual entrepreneurs online for free. If necessary, the finished sketch can be modified.

An individual entrepreneur stamp with a logo will be needed in the following cases:

1. When opening a bank account.
2. If a businessman does not use a cash register, then the stamp is placed on checks and strict reporting forms.
3. When an employee’s work book needs to be stamped.

Although having a seal is not a requirement for a businessman, there are several benefits to using one. Finding a sample of filling out the seal that a businessman will presumably have is not difficult. It contains mandatory and additional details. The entrepreneur must indicate the legal form, city of business, OGRN and name.

On video: Logo creation cast

FAQ: Frequently asked questions

We would like to register a company with a name similar to an already established company. Our lawyers say it won’t work, they’ll turn it up to the tax authorities. This is true? But many organizations work with the same names - even from a search engine on the Internet you can see.

Olga

In Art.
1474 of the Civil Code of the Russian Federation states that a legal entity has the exclusive right to use its corporate name (the name of the LLC under which it officially participates in economic transactions). A legal entity that has violated the rules of the above article, at the request of the copyright holder, is obliged, at its own discretion, to stop using a company name that is identical to the company name of the copyright holder or confusingly similar to it, in relation to types of activities similar to the types of activities carried out by the copyright holder, or to change its company name, and is also obliged to compensate the copyright holder for damages caused.

Thus, if the OKVEDs of the company you want to register and the OKVEDs of the “promoted” company coincide, the likelihood of sanctions from this company is high, as well as refusal of registration.

Khomyakova Elena Sergeevna
05.10.2020

Ask your question

The legislative framework

Please note: the official name (full name) must be marked on the seal imprint. The seal also contains the address of the individual entrepreneur, the main state registration number of the entrepreneur. The seal may also consist of a specific company logo, if one is provided and developed in advance by the founder.

Attention! The commercial name (Aurora beauty salon) is not required to be recorded. But current legislation does not prohibit this. If desired, after personal data you can give the commercial name of the structural unit.

In some cases, disputes arise over the choice of business name. The specifics of a company name are regulated by the Civil Code. Let us turn to Article 1538:

1. All business entities have the right to designate their commercial activities. These objects also include individual entrepreneurs. Such a name may not be included in the unified state register and basic documents at the request of the founder.

Before giving the chosen name, it is important to make sure that it does not conflict with moral and ethical values.

1. The chosen business name can also be used for other companies owned by the entrepreneur. But only one name can be used for one structural unit.

Legislative acts do not indicate other aspects that reveal the essence and scope of application of names. The question of the need to introduce a commercial name is decided by the businessman independently. To do this, he needs to analyze the main nuances of the chosen business, the work of competitors, the level of demand and understand whether a specially designed name will attract a flow of clients.

Some entrepreneurs spend large amounts of money on brand name development services from advertising and naming agencies that generate memorable and appropriate names for their businesses. A beauty salon, clothing store, hairdresser, gym simply must have its own name. If you are going to open a retail outlet on the market, there is no need to come up with and register an original name.

Services for you

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— Why do you need to register a brand? — Brand registration in Russia — How to patent a brand? — Why RTM Group — Order a brand registration service — Cost of a brand registration service

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— What do you get as a result of logo registration? — Logo requirements — How to patent a logo? — Registration of a company logo: main stages — Why RTM Group — Order a logo registration service — Cost of a logo registration service

How to register a logo yourself

When creating a non-profit organization, the founders must take care in advance of what their symbols will look like and describe it in the charter.

Zhdanova Olga Vladimirovna Partner

Until recently, the legislation of the Russian Federation enshrined the obligation of non-profit organizations to register the symbols they use. The procedure for this registration was extremely inconvenient for organizations. Registration was carried out only in Moscow, which was difficult for regional non-profit organizations and created additional difficulties and costs.

The legislator has made changes to make the procedure for designing symbols more understandable and convenient. Federal Law No. 236-FZ of July 21, 2014 “On Amendments to Certain Legislative Acts of the Russian Federation on the Issues of Symbols of Non-Profit Organizations” (hereinafter Law No. 236-FZ) established that a description of the symbols must be contained in the constituent documents.

What should already created non-profit organizations do in their charter, which do not have a description of their symbols?

In accordance with Art. 6 of Law No. 236-FZ, the constituent documents and symbols of non-profit organizations must be brought into compliance with the law when changes are first made to the constituent documents of non-profit organizations.

Let us recall the requirements for the symbols of non-profit organizations; nothing has changed here; the legislation of the Russian Federation (primarily the Federal Law “On Public Associations”) provides for a number of requirements for the symbols of non-profit organizations.

1. The symbols of public associations should not coincide:

• with state symbols of the Russian Federation;
• with state symbols of the constituent entities of the Russian Federation;
• with symbols of municipalities;
• with the symbols of federal government bodies, government bodies of constituent entities of the Russian Federation, the Armed Forces of the Russian Federation, other troops and military formations;
• with symbols of foreign countries;
• with symbols of international organizations.

2. The following cannot be used as symbols of public associations:

• emblems and other symbols of public associations previously registered in the Russian Federation;
• emblems and other symbols of organizations whose activities on the territory of the Russian Federation are prohibited.

Information about already registered symbols of non-profit organizations can be found on the official website of the Ministry of Justice.

3. The symbols of public associations should not discredit the State Flag of the Russian Federation, the State Emblem of the Russian Federation, the State Anthem of the Russian Federation, flags, coats of arms and anthems of the constituent entities of the Russian Federation, municipalities, foreign states, religious symbols, or offend racial, national or religious feelings.

4. In addition, the symbols of non-profit organizations should not coincide to the point of confusion with the registered symbols of other non-profit organizations.

5. Awards of public associations should not have similar, similar names or external resemblance to state awards of the Russian Federation, awards and departmental insignia of state authorities and awards of local governments.

The consequences that occur in the case of the use of symbols not described in the constituent documents and not previously registered with the Ministry of Justice have not undergone significant changes.

The use of unregistered (not described in the charter) symbols or the use of previously registered symbols of other organizations is a violation of the law.

For non-profit organizations, with the exception of public associations, such a violation may entail the following procedure:

1. If a violation is detected, the territorial body of the Ministry of Justice issues a warning with a requirement to eliminate the violation. This means that the organization needs to include a description of symbols in its charter or stop using someone else’s (Clause 6, Article 32 of the Federal Law “On Non-Profit Organizations”).
2. Failure to comply with this requirement is subject to administrative liability under Article 19.5 of the Code of Administrative Offences, in the form of an administrative fine: for officials - from 1000 to 2000 rubles or disqualification for up to 3 years; for legal entities – from 10,000 to 20,000 rubles.
3. Further disregard of the requirements of the Ministry of Justice, together with other repeated violations of the law by a non-profit organization, may lead to the forced liquidation of such an organization.

For public associations, the use of unregistered symbols may cause the following consequences:

1. The territorial body of the Ministry of Justice issues a report of violations and sets a deadline for their elimination.
2. For failure to comply with this requirement, the above-mentioned administrative liability is provided - under Article 19.5 of the Code of Administrative Offenses.
3. If these violations are not eliminated within the prescribed period, the body or official who made the corresponding submission has the right, by its decision, to suspend the activities of the public association for a period of up to six months (Article 42 of the Federal Law “On Public Associations”).
4. Further failure to eliminate the violations that served as the basis for suspending the activities of a public association is grounds for the forced liquidation of this public association (Article 44 of the Federal Law “On Public Associations”).

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