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What the law says: is it possible for an IP to have a name. Sole proprietorship: everything about individual entrepreneurs, in plain language

Individual entrepreneur(IP)(obsolete private entrepreneur (PE), PBOYuL until 2005) is an individual registered as an entrepreneur without forming a legal entity, but in fact having many rights legal entities. For individual entrepreneurs, the rules of the civil code governing the activities of legal entities are applied, except when separate articles of laws or legal acts are prescribed for entrepreneurs. ()

Due to some legal limitations (it is impossible to appoint full-fledged directors to branches in the first place), an individual entrepreneur is almost always a micro-business or small business.

according to the Code of Administrative Offenses

Fine from 500 to 2000 rubles

In case of gross violations or when working without a license - up to 8,000 rubles. And, possible suspension of activities up to 90 days.

From 0.9 million rubles for three years, and at the same time the amount of arrears exceeds 10 percent of the tax payable;

From 2.7 million rubles

Fine from 100 thousand to 300 thousand rubles. or in the amount of the culprit's salary for 1-2 years;

Forced labor for up to 2 years);

Arrest for up to 6 months;

Imprisonment for up to 1 year

If the individual entrepreneur fully pays the amount of arrears (taxes) and penalties, as well as the amount of the fine, then he is exempt from criminal prosecution (but only if this is his first such charge) (Art. 198, clause 3. of the Criminal Code)

Evasion of taxes (fees) on an especially large scale (Art. 198, paragraph 2. (b) of the Criminal Code)

From 4.5 million rubles for three years, and at the same time, the amount of arrears exceeds 20 percent of the tax payable;

From 30.5 million rubles

Fine from 200 thousand to 500 thousand rubles. or in the amount of the culprit's salary for 1.5-3 years;

Forced labor for up to 3 years;

Imprisonment for up to 3 years

Fine

If the amounts for criminal prosecution are not reached, then there will only be a fine.

Non-payment or incomplete payment of tax (fee) amounts
1. Non-payment or incomplete payment of tax (fee) as a result of understatement of the tax base, other incorrect calculation of the tax (fee) or other unlawful actions (inaction) shall entail the collection of a fine in the amount of 20 percent of the unpaid amount of tax (fee).
3. The acts provided for by paragraph 1 of this article, committed intentionally, entail the collection of a fine in the amount of 40 percent of the unpaid amount of the tax (fee). (Article 122 of the Tax Code)

penalties

If you are only late in paying (but not providing false information), then there will be penalties.

Penalties are the same for everyone (1/300 multiplied by the key rate of the Central Bank per day of the amount of non-payment) and are now somewhere around 10% per annum (which is not very much in my opinion, given that banks give loans at least at 17-20 %). You can count them.

Licenses

Some types of activities an individual entrepreneur can only engage in after obtaining a license or permissions. The licensed activities of individual entrepreneurs include: pharmaceutical, private detective, transportation of goods and passengers by rail, sea, air, and others.

An individual entrepreneur cannot engage in closed activities. Such activities include the development and / or sale of military products, the turnover drugs, poisons, etc. Since 2006, the production and sale of alcoholic products. An individual entrepreneur cannot be engaged in: production of alcohol, wholesale and retail trade in alcohol (with the exception of beer and beer-containing products); insurance (i.e. being an insurer); activities of banks, investment funds, private pension funds and pawnshops; tour operator activity (travel agent can); production and repair of aviation and military equipment, ammunition, pyrotechnics; production of medicines (realization is possible) and some others.

Differences from legal entities

The state duty for registration of individual entrepreneurs is 5 times less. In general, the registration procedure is much simpler and fewer documents are required.
An individual entrepreneur does not need a charter and authorized capital, but he is liable for his obligations with all his property.
An entrepreneur is not an organization. It is impossible for an individual entrepreneur to appoint a full and responsible director.
An individual entrepreneur does not have cash discipline and can dispose of the funds in the account as he pleases. Also, the entrepreneur makes business decisions without logging. This does not apply to work with KKM and BSO.
An individual entrepreneur registers a business only for himself, unlike legal entities, where registration of two or more founders is possible. Sole proprietorship cannot be sold or re-registered.
An employee of an individual entrepreneur has fewer rights than a hired worker of an organization. And although in the Labor Code, organizations and entrepreneurs are equated in almost all respects, there are still exceptions. For example, when an organization is liquidated, a mercenary is required to pay compensation. When closing an individual entrepreneur, there is such an obligation only if it is spelled out in the employment contract.

Appointment of a director

It is legally impossible to appoint a director in a sole proprietorship. The sole proprietor will always be the main manager. However, it is possible to issue a power of attorney to conclude transactions (clause 1, article 182 of the Civil Code of the Russian Federation). Since July 1, 2014, for individual entrepreneurs, it has been legally possible to transfer the right to sign an invoice to third parties. Declarations could always be submitted through representatives.

All this, however, does not make the people to whom some powers are delegated directors. For directors of organizations, a large the legislative framework about rights and obligations. In the case of an individual entrepreneur, one way or another, he himself is responsible under the contract, and with all his property he himself is responsible for any other actions of third parties by proxy. Therefore, issuing such powers of attorney is risky.

Registration

State registration of an individual entrepreneur carried out by the Federal Tax Service of the Russian Federation. The entrepreneur is registered with the regional tax office at the place of registration, in Moscow - MI FTS RF No. 46 for Moscow.

Sole proprietors can be

adult, capable citizens of the Russian Federation
minor citizens of the Russian Federation (from the age of 16, with the consent of parents, guardians; married; adoption of a decision on legal capacity by a court or guardianship authority)
foreign citizens living in the territory of the Russian Federation

OKVED codes for an individual entrepreneur are the same as for legal entities

Required documents for registration of an individual entrepreneur:

Application for state registration of an individual entrepreneur (in 1 copy). Sheet B of Form P21001 must be completed at the tax office and given to you.
Copy of TIN.
A copy of the passport with a residence permit on one sheet.
Receipt of payment of the state duty for registration of an individual entrepreneur (800 rubles).
Application for the transition to the simplified tax system (if necessary).

An application for registration of an individual entrepreneur and other documents can be prepared online in a free service.

Within 5 days you will be registered as an individual entrepreneur or you will receive a refusal.

You must provide documents:

1) Certificate of state registration of an individual as an individual entrepreneur (OGRN IP)

2) Extract from the Unified State Register of Individual Entrepreneurs (EGRIP)

After registration

After IP registration it is necessary to become registered with the pension fund and the Compulsory Health Insurance Fund and obtain statistics codes.

Also necessary, but optional for an entrepreneur, is opening a current account, making a seal, registering a cash register, registering with Rospotrebnadzor.

taxes

IP pays a fixed fee to the pension fund for the year, 2019 - 36,238 rubles + 1% of income over 300,000 rubles, 2018 - 32,385 rubles + 1% of income over 300,000 rubles. A fixed contribution is paid regardless of income, even at zero income. To calculate the amount, use the IP fixed payment calculator. In the same place, the CSC and the details of the calculus.

An individual entrepreneur can apply tax schemes: STS (simplified), UTII (imputation) or PSN (patent). The first three are called special modes and are used in 90% of cases, because. they are preferential and simpler. The transition to any regime occurs voluntarily, upon application, if you do not write applications, then the OSNO (general taxation system) will remain by default.

Taxation of an individual entrepreneur almost the same as for legal entities, but instead of income tax, personal income tax is paid (with OSNO). Another difference is that only entrepreneurs can apply PSN. Also, IP does not pay 13% of personal profit in the form of a dividend.

The entrepreneur has never been obliged to keep accounting records (chart of accounts, etc.) and submit accounting reports (only the balance sheet and the report on financial results). This does not exclude the obligation to keep tax records: declarations of the USN, 3-NDFL, UTII, KUDIR, etc.

An application for the simplified tax system and other documents can be prepared online in a free service.

Of the inexpensive programs for individual entrepreneurs, one can single out with the possibility of submitting reports via the Internet. 500 rubles / month. Its main advantage is ease of use and automation of all processes.

Help

Credit

It is more difficult to get a loan from a bank for an IP business than a legal entity. Many banks also give mortgages with tension or require guarantors.

An individual entrepreneur does not keep accounting records and it is more difficult for him to prove his financial solvency. Yes, there is tax accounting, but they do not allocate profit there. Patent and UTII are especially opaque in this matter; these systems do not even have income records. USN "Income" is also unclear, because it is not clear how many expenses. USN "Income-Expenses", ESHN and OSNO most clearly reflect the real state of the IP business (there is a record of income and expenses), but unfortunately these systems are used less frequently.
An individual entrepreneur himself (unlike an organization) cannot act as a pledge in a bank. After all, he is a natural person. The property of an individual can be pledged, but it is more difficult legally than a pledge from an organization.
An entrepreneur is one person - a person. When issuing a loan, the bank must take into account that this person can get sick, leave, die, get tired and decide to live in the country, leaving everything, etc. And if in an organization you can change the director and founders at the click of a finger, then an individual entrepreneur in this case can just close and loan agreement terminate or sue. IP cannot be reissued.

If a business loan is denied, then you can try to take out a consumer loan as an individual, without even disclosing plans to spend money. Consumer loans usually have big stakes, but not always. Especially if the client can provide a deposit or he has a salary card in this bank.

Subsidy and support

In our country, hundreds of funds (state and not only) provide advice, subsidies, soft loans for individual entrepreneurs. IN different regions- different programs and help centers (you need to look). .

Rice. Number of individual entrepreneurs per 10,000 population

Experience

Retirement experience

If the entrepreneur pays everything to the Pension Fund regularly, then the pension period goes from the moment of state registration until the closure of the IP, regardless of income.

Pension

Under current legislation, an individual entrepreneur will receive a minimum pension, regardless of how much he pays to the FIU.

The country is undergoing an almost continuous pension reform, and therefore it is not possible to accurately determine the size of the pension.

Since 2016, if a pensioner has the status of an individual entrepreneur, then he will not have pension indexation.

Insurance experience

The insurance period for the FSS goes only if the entrepreneur voluntarily pays social insurance contributions (FSS).

Difference from employees

The Labor Code does not apply to the individual entrepreneur. It is accepted only for employees. IP, unlike the director, does not apply to mercenaries.

Theoretically, an individual entrepreneur can hire himself, assign a salary and make an entry in the work book. In this case, he will have all the rights of an employee. But it is not recommended to do this, because. Then you have to pay all payroll taxes.

Maternity can only be received by a female entrepreneur and only on condition voluntary insurance in social security. .

Allowance up to one and a half can be received by any businessman, regardless of gender. Either in RUSZN or in the FSS.

IP leave is not allowed. Because he has no concept of working time or rest time, and the production calendar does not apply to him either.

Sick leave is only for those who are voluntarily insured with the FSS. Calculation based on the minimum wage, the amount is insignificant, therefore, in social insurance, it makes sense to insure only mothers for maternity.

closure

Liquidation of an individual entrepreneur is an incorrect term. An entrepreneur cannot be liquidated without violating the Criminal Code.

IP closing happens in the following cases:

in connection with the adoption by an individual entrepreneur of a decision to terminate activities;
in connection with the death of a person registered as an individual entrepreneur;
by court order: by force
in connection with the entry into force of a court decision deprivation of the right to engage in entrepreneurial activity;
in connection with the cancellation of the document (delay) confirming the right this person reside in the territory of Russia;
in connection with the adoption by the court of a decision on the recognition of an individual entrepreneur as insolvent (bankrupt).

Databases for all IPs

Contour.Focus website

Partially free Contour.Focus The most convenient search. It is enough to enter any number, surname, name. Only here you can find OKPO and even accounting information. Some information is hidden.

USRIP extract on the website of the Federal Tax Service

For free Federal Tax Service database EGRIP information (OGRNIP, OKVED, PFR number, etc.). Search by: OGRNIP / TIN or full name and region of residence (patronymic name is not required).

Bailiffs Service

For free FSSP Learn about enforcement proceedings for the collection of debts, etc.

With the help, you can keep tax records on the simplified tax system and UTII, generate payments, 4-FSS, Unified settlement, SZV-M, submit any reports via the Internet, etc. (from 325 r / month). 30 days free. On first payment. For newly created IPs now (free of charge).

Question answer

Can I register on a temporary basis?

Registration is done at permanent residence. To what is indicated in the passport. But you can send documents by mail. By law, it is possible to register an individual entrepreneur at the address of temporary registration at the place of stay, ONLY if there is no permanent residence permit in the passport (provided that it is more than six months old). You can conduct business in any city of the Russian Federation, regardless of the place of registration.

Can an individual entrepreneur register himself for work and make an entry in the labor himself?

An entrepreneur is not considered an employee and does not make any entries in his employment record. Theoretically, he can apply for a job himself, but this is his personal decision. Then he must conclude with himself employment contract, make an entry in work book and pay deductions as for an employee. It's unprofitable and makes no sense.

Can an IP have a name?

An entrepreneur can choose any name for free, which would not directly conflict with the registered one - for example, Adidas, Sberbank, etc. In the documents and in the plate on the door, there should still be an IP full name. He can also register a name (register a trademark): it costs more than 30 tr.

Is it possible to work?

Can. At what you can not report at work that you have your own business. It does not affect taxes and fees in any way. Taxes and fees of the FIU must be paid - both as an individual entrepreneur and as a mercenary, in full.

Is it possible to register two sole proprietorships?

IP is just the status of an individual. It is impossible to become an IP twice at the same time (get this status if it already exists). TIN is always the same.

What are the perks?

There are no business benefits for the disabled and other privileged categories.

Some commercial organizations also offer their discounts and promotions. Online accounting Elba for newly created IP is now the first year as a gift (free of charge).

Is it possible to assign an IP name? This question worries most novice businessmen. On the one hand, the official name of the entrepreneur is the surname, name and patronymic. On the other hand, they are far from always sonorous, they will look and sound appropriate in advertising. In fact, an entrepreneur is not prohibited from using a commercial name. But it is worth carefully considering this issue.

Is it possible to assign a name for your IP, do I need to register it?

In accordance with the legislation in Russia, the official name of the IP is a combination of this abbreviation with the surname, name and patronymic. No other word or combination can be used for this.

It is exactly how the abbreviation in combination with the full name of the entrepreneur is indicated in the register both during registration and in the process of activity. It is important to understand that the entrepreneur is exclusively individual. Therefore, it is impossible to register a company name for an individual entrepreneur.

Naturally, in official documents, including on checks and invoices, only the IP in combination with the surname, name and patronymic may be indicated. However, for the purpose of acquiring identity, a business owner may name a store or service location in a unique way. This approach makes the object memorable and facilitates advertising.

It should be borne in mind that for individual entrepreneurs the name is not included in the registration documents. The name is used solely to identify the place of business. When organizing a network of objects of conducting activities, the IP has the right to use one name for their designation.

If subsequently the entrepreneur wants to make his business unique, he has the right to register a trademark. It can be used as a logo or name.

Trademark registration helps to achieve the following goals:

to combine the objects belonging to the businessman (shops, hairdressers and others);
stand out from competitors;
build your own recognizable brand.

It turns out that the question of how to name an IP sounds incorrect. It is better for an entrepreneur to choose a name outlet or other facility in which the activity is carried out.

If an entrepreneur chooses non-branded designations for his objects, there are no strict requirements for them.

However, it is important to know a few rules that will help make the name memorable:

It is important to achieve simplicity, the name should be easy to pronounce and write. Such a name will be quickly remembered, it will be easily transmitted from person to person. In the end, it will be clearly associated with a particular entrepreneur. Complex abbreviations and phrases cannot become a quality name.
You cannot register a name that is a common concept.
Experts do not advise using too much descriptive information when naming a business.
If an entrepreneur believes that he will not stop, and subsequently his activity will grow, it is not recommended to use a reference to a specific geographical area or product in the name.
It is also advised to refuse to use the surname and name, words with an ambiguous interpretation.

Be careful with foreign words. They should adequately sound in Russian. It is worth carefully studying the translation of the resulting name, it is possible with the involvement of a specialist. The dual meaning can tarnish the reputation of a businessman.

It is important to keep in mind that any name may be used by other organizations. Today government bodies the list of titles is not maintained. Therefore, it makes no sense to check the presence of the selected name in the registry. However, one should always strive for uniqueness. This allows you to ensure business recognition, helps customers uniquely identify the company.

They say: whatever you call a ship, so it will sail. The same can be said about the store opened by the IP. The name should be sonorous, memorable and understandable. But here the question arises, is it necessary to register the name of the store? Doing this is optional.

But if an entrepreneur has come up with a truly unique name, and wants it to belong only to him, he has the right to register a service mark. In this case, the commercial designation can be used by the right holder and no one else.

To register the name of an individual entrepreneur, you should contact Rospatent.

In this case, you must provide a package of documents:

receipt of payment of the relevant fee;
an application with a request to register a service mark, which must include information about the entrepreneur;
the name subject to registration is contained in the application itself and in the annex to it;
a description of the service mark explaining it;
a list of goods and services for which the registered name will be used.

Prepared documents can be sent to Rospatent by mail, brought in person or sent using electronic means of communication.

After the registration procedure is completed, the entrepreneur will be issued a certificate for a service mark. The right of exclusive use of it is valid for ten years, after its expiration it can be extended an unlimited number of times.

If an individual entrepreneur wishes to fix the uniqueness of the company name used by him, he can register it. In this case, only a specific entrepreneur can use the name of the trademark in their activities.

Before going through the registration procedure, you should familiarize yourself with a number of rules:

In addition to complying with the above rules, it is important to ensure that the trademark complies with the requirements of the law. They are reflected in the Civil Code of the Russian Federation.

The name or trademark chosen by the entrepreneur is not always unique. Experts advise first of all to contact Rospatent to check them. This will help to avoid registration refusal, which means it will save a lot of time.

You should know what circumstances may lead to the fact that the name or trademark will not be registered:

the chosen name misleads potential customers;
the name partially or in full coincides with the one that has already been registered earlier;
the chosen name includes the designation of some state body.

Only if all the above conditions are met, an individual entrepreneur can apply for registration. First of all, you will need to pay the state fee. It is one thousand rubles.

Some especially enterprising citizens register any name. Subsequently, they can sell it. At the same time, the cost of especially interesting specimens reaches tens of thousands and even more.

Do not forget that doing business under an already registered name may threaten backfire. The owner of such a trademark has the right to apply to the court. If the case is decided in his favor, the entrepreneur will be fined.

By law, the name of the entrepreneur includes the surname, name and patronymic. However, an individual entrepreneur has the right to register his own individual name. Do not forget that this procedure is regulated by law.

To answer the question of whether an individual entrepreneur can have a name as an organization, it is necessary to refer to the provisions of Russian civil law. In particular, art. 1538 of the Civil Code says that individual entrepreneurs in their activities can use for personal characteristics and indication of belonging to them various enterprises commercial designations that are not brand names.

That is, the essence is as follows, that in all official documents the full surname, name, patronymic of the individual entrepreneur will be mentioned, and the commercial name will be used for the store, salon, company. You can also register a trademark.

Advantages of using a business name

Marketing move. Having analyzed Russian legislation, we can conclude that the name of the businessman should sound like "SP FIO". But you can easily call your beauty salon "Curl" or "Curler". Yes, and it’s more prestigious when they go to a place to bring beauty beautiful name, and not the dry abbreviation IP. And, it is unlikely that you will see a store with a sign of the entrepreneur's name anywhere (although the limits of human vanity are unpredictable).
Advertising. This is a point that follows from the previous one. But in our time without advertising anywhere. And the euphonious name remains on hearing faster than the name of the entrepreneur. Although in this case, the owners of well-known famous brands could argue. And here the situation is common when the name with the surname of the entrepreneur will cause more interest than if it were closed with some faceless name.
Anonymity. Employees hired by you can perform all their functional responsibilities, and no one will guess that the Chistyulya dry-cleaner actually belongs to you.

Separate provisions

An individual entrepreneur may have a name like an organization, but there is initially a difference between them. It lies in the fact that organizations register their company name in the Unified State Register of Legal Entities. Individual entrepreneurs are entered in the register by full name.
When issuing a check or other payment document, it will contain the personal data of the entrepreneur, and not his commercial name.
The commercial designation of an individual entrepreneur is not subject to mandatory inclusion in official documents.
Several business entities may have the same name.
When concluding contracts, businessmen must indicate their official name and not mislead counterparties using commercial designations.

IP trademark registration

An individual entrepreneur can also register his trademark (trademark or trademark, brand) is a designation that is intended to individualize a product and distinguish it from competitors. It may contain a verbal, artistic or other designation. It is not legally a brand name.

In addition, in this case, including to maintain the image, the businessman must order the original print. It must contain: TIN, where the activity is carried out, commercial and official name, design logo.

The procedure for registration and use of trademarks is regulated by the norms of the Civil Code of the Russian Federation. In particular, the state registration of signs without signs of identification or containing only such elements is prohibited, which:

commonly used to refer to certain goods;
are generally accepted symbols and terms;
indicate the characteristics of the product;
represent the form and function of the product.

To register a trademark, it is necessary to file an application with Rospatent and pay a fee. The application must be accompanied by: the actual designation in 2 copies, its description and the list of goods to which this sign will apply. This can be done in person or through a proxy. After a positive consideration of the application, the trademark is registered in the register, information on registration is published. The right to a particular trademark will be certified by a corresponding certificate, which is valid for ten years and can be extended for an indefinite period.

Thus, the answer to the question whether an IP can have its own name depends on the business strategy and the businessman's own desire.

biznesogolik.ru

Can an individual entrepreneur have a name and logo?

Can an individual entrepreneur have a name as an organization? What actions need to be taken by an individual entrepreneur in order to register a trademark and what is the peculiarity of this procedure? The answers to these, as well as a number of other questions regarding the name and logo of the IP, are presented in the following material.

According to the norms of civil law, an individual entrepreneur is an individual who has received the right to conduct business in a particular area. The name of the IP, as a rule, consists of a combination of the legal form of the enterprise (IP) and the full name of the entrepreneur who registered the business, say, IP Ivanov Ivan Ivanovich. It is this name that is used in the execution of transactions and the conclusion of contracts. At the same time, a businessman has the right to assign a commercial name to his store or hairdresser, as well as register a logo. How to do this and what are the advantages of such a commercial move, read on.

Benefits of using a commercial name

So, in accordance with the norms of legislative acts, an individual entrepreneur has the right to assign a commercial name to his enterprise, that is, instead of a dry and strict "IP Ivanov I.I." the signboard may show off something else more creative name, say, a hairdressing salon "Effect" or a beauty salon "Orchid".

What are the benefits of using a commercial name:

successful marketing ploy. As practice shows, many consumers, in particular women, pay Special attention the name of salons and stores, therefore, the outlet with the name "Lakomka" is more likely to attract customers than the store "IP Ivanov I.I";
advertising. It is much easier to promote an enterprise that has an euphonious name instead of a dry abbreviation. Although some entrepreneurs do not adhere to this opinion, arguing that many customers, on the contrary, choose a store by its owner. As a rule, this applies to small settlements where almost all residents know each other;
anonymity. In some cases, this is quite relevant, due to various reasons. For example, if in the past your dry cleaner was notorious for poor quality of services, which happened due to the fault of incompetent staff, but now completely different people work there, and the situation has changed radically, the option of assigning a commercial name to the enterprise can be a kind of lifesaver.

Some nuances regarding the commercial name of IP

Unlike the name of an LLC, the name of an individual entrepreneur has its own characteristics:

LLC is a legal entity, therefore, according to the law, registration of its name takes place in in due course. As for the individual entrepreneur, an enterprise of this organizational and legal form can officially call itself only in accordance with the established model (IP Ivanov I.I.). Data on the name of the company are entered in the Unified State Register of Legal Entities, on an individual entrepreneur - in the EGRIP;
even if individual enterprise has a commercial name that differs from that entered in the USRIP, the check confirming the settlement transaction indicates the form of the enterprise (IP) and full name entrepreneur;
legislative norms requiring the mandatory entry of information about the commercial name of an individual entrepreneur into official documentation have not yet been developed;
if an individual entrepreneur owns a network of enterprises, it is not necessary to come up with a name for each outlet. All shops or hairdressers of the same owner may have the same name;
when concluding transactions and drawing up contracts with counterparties and suppliers, the IP must indicate only the name under which the enterprise is registered in the EGRIP. Business partners should not be confused with a commercial name.

Conditions and procedure for registration of the IP logo

In order to individualize their goods or services, an entrepreneur can register his trademark or so-called logo. Thanks to the presence of a logo, customers can easily determine who owns a particular product, so a trademark, in fact, is an advertisement for a business, which, unfortunately, is not always successful.

Do not confuse a logo with a commercial name, since a trademark is a unique designation of an enterprise that may contain artistic, verbal or other elements. Please note that the presence of a logo requires the creation of an original seal, which must contain the following data:

place of business;
tax number IP;
official name;
commercial name;
information about the design logo.

The procedure for registering a logo, the conditions and requirements for its use are regulated by civil law. It is prohibited by law to use logos without any identification features or those that contain the following elements:

designations used everywhere by other enterprises and organizations;
symbols and terms that are well known and generally accepted;
designations, one way or another characterizing the features of the goods sold or produced by the individual entrepreneur;
signs expressing the functional characteristics of the goods.

The procedure for registering a trademark by an individual entrepreneur:

filing a relevant application with Rospatent;
payment of state duty;
providing required documents.

Ways to apply for logo registration:

individual IP;
through a representative. IN this case The individual entrepreneur must issue a power of attorney to the representative, according to which the latter has the right to act in his interests and on his behalf.

If a positive decision is made, the applicant receives an appropriate certificate, the validity of which is 10 years. Logo information is entered into the register.

urlaw03.ru

IP name: company name for the company

An individual entrepreneur has the full right to draw up a current account in his own name and purchase a seal. These measures are dispositive in nature, that is, advisory. The law does not oblige, but simply gives advice on the fact that these attributes will be needed by an individual entrepreneur. Do you need a IP name? The answer to this question is the same as in the case of printing. The official name is contained in the constituent documents, and the commercial name serves as a kind of PR move that allows you to attract new customers.

"Correct name

Any business entity has the right to have its own name, fixed in the constituent documents. These entities include:

commercial organizations and individual entrepreneurs;
non-profit organizations.

Thus, business entities (LLC, OJSC, CJSC and others) must have names. Does it have a place on this list? individual entrepreneurship? Can there be an IP name and in what form can it be presented?

The documents of a private entrepreneur usually indicate the surname, name and patronymic of the merchant. It is these data that act as the official designation of the IP in the letter. However, many of us have experienced a situation where a sign in a store, warehouse or office shows one name, but a completely different one on the receipt. Agree that “individual entrepreneur - full name” sounds undignified. Such a name for an individual entrepreneur is not entirely suitable if he wants to attract as much attention as possible to potential customers. Most often, individual entrepreneurs come up with a brand name for their business, it even comes to a logo.

It is worth saying that the main name (full name) assigned to the IP must be marked on the seal imprint without fail. In addition to the city, region, OGRNIP number, the seal must also contain the logo of the IP firm (if one was previously developed by the businessman).

The name of the company for individual entrepreneurs, according to the law, does not have to be officially fixed. However, the law does not prohibit doing this if a businessman wants to legalize his activities completely and irrevocably.

Article 1538 of the Civil Code of the Russian Federation contains two important points that explain what a commercial designation (trade name of an individual entrepreneur) is:

How can you name your IP company: naming options

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To find the answer to this question, you first need to understand the concepts. Registration of an enterprise and an individual entrepreneur is significantly different. Although both economic entities are guided by the same law. Therefore, let's try to find out how you can name your IP company so that there are no contradictions with regulations.

On the video: What is a domain and how to choose a domain name

Requirements for the name of business entities

In the Civil Code of the Russian Federation and federal law No. 14-FZ dated February 8, 1998 “On companies with limited liability» the following requirements are prescribed:

the name must determine the organizational and legal form of the economic entity;
the words "Russia" or "Russian Federation" in the name may be present only with special permission and written confirmation;
the name of the company should not be contrary to humanity, morality and public interests;
it is impossible to name the enterprise with an already existing name;
the presence in the name of the organization of the name of power structures and the names of any states is prohibited;
the generally accepted name of the individual entrepreneur is the surname, name, patronymic before which the presence of an abbreviation is mandatory (IP Khrustalev Anton Petrovich);
an individual entrepreneur can hang a sign on his store, provided that it is a retail trade. For example, "Products" or "Auto Parts". This would not be an offense because these words would be common knowledge and would remind the buyer of the type of product on sale. The name may be such as "Auto Parts (IP Khrustalev)";
as for a trademark, an individual entrepreneur can register it as a word designation or logo. For example, “Romashka grocery store”. But in the documents it is necessary to indicate the details of the entrepreneur (the Romashka grocery store, represented by IP Khrustalev, signed an agreement with ...).

To register a trademark, you need to check the uniqueness in the logo database so as not to repeat. Collect the necessary documents (application, class, description, image of products, confirmation of enterprise management, receipt of payment of the state fee), submit an application to Rospatent.

On the video: Naming. Special approach to the name

FAQ

The main issues that individual entrepreneurs discuss in specialized forums:

How can you name your company? The success of an enterprise often depends on the name. Therefore, you need to carefully approach this issue, but do not forget about the requirements of the law. Initially, the abbreviation, surname of the business entity, as well as the presence of a registered trademark should be indicated.
Can a sole proprietorship be called a company? No. An individual entrepreneur cannot call his business a firm, as he is an individual and not a legal entity (Article 48 of the Civil Code of the Russian Federation).
Can IP be called "Chamomile"? Yes. An individual entrepreneur can be called a chamomile, provided that the entrepreneur has registered the appropriate trademark. However, the documents must necessarily display information about the business entity (for example, the Romashka grocery store represented by IP Khrustalev).
Is it possible to call an individual entrepreneur not by his last name? No. The abbreviation and surname of the entrepreneur must be indicated in the registration documents. It is impossible to call IP not by the last name.
Can an individual entrepreneur be named after the name of the director? This organizational and legal form does not provide for the position of director. The entrepreneur is the main manager, therefore, the IP must be issued to him personally. Whereas a legal entity has the right to appoint a director.
How to name the company? If an entrepreneur registers a trademark for himself, then you can name the company not only by full name, but also by a different word. It is best to call it a “loud”, attention-grabbing word. However, it must indicate the goods being sold and comply with the requirements of the law. For example, you can name a grocery store "Vkusnyashka" if another entrepreneur does not use such a name.
What name can be given to a trademark? The entrepreneur cannot choose the name on his own, since there is a certain classification according to which the name is assigned. For example, you cannot give an already registered trademark name, or a common name that directly indicates the purpose of the product. All requirements are spelled out in the Civil Law.
What names of private enterprises already exist? Such verbal designations as "Sun", "Chamomile", "Cornflower", "Swallow", "MasterOK", "FotoChka", "StroyMir", "StroyLand" are registered. You can check the uniqueness of the "company name" on the websites of patent offices or in the database of Rospatent.

An analysis of business forums shows that many entrepreneurs are puzzled by the question: “Why is there only one option for the name of an individual entrepreneur if a trademark is not registered?”. This procedure is determined by law. To expand their capabilities, business entities must register a legal entity.

On the video: Trademark development: design and naming

How to name the company? There is only one option. An entrepreneur can name an enterprise strictly with an abbreviation by last name, another word in the name can only be used when registering a trademark. In this case, the name should not contradict the requirements of the law. Therefore, the business of entrepreneur Khrustalev without a trademark will be IP Khrustalev.

On video: Choosing a name for your business | 8 tips for entrepreneurs

An individual entrepreneur, at will, can open a bank account for financial transactions or issue a seal. But these actions are advisory in nature.

According to the current legislation, these measures are optional and depend on the specifics of the activity.

Do I need to register a name to open a sole proprietorship? Around this issue there have always been disputes and divisions of opinion. Let's consider this aspect in more detail.

official name

Each established enterprise must have an official name, IP is no exception. His name is indicated in the founding documents. In addition, many entrepreneurs want to give a commercial name that would reflect the activities of the company, be bright and memorable, and attract potential buyers.

Absolutely every business entity has the right to register its own name. These entities include:

joint-stock companies;
limited liability companies;
additional liability companies;
complete societies;
limited partnerships.

An individual entrepreneur in the constituent documents must register the last name, first name and patronymic. Such personal data can be called a peculiar name of the established company, as they act as an official designation.

Commercial name

But often on the signs of companies (shops, beauty salons, offices) one name is indicated, and on the check - a completely different one. The fact is that it is undignified and unattractive in terms of attracting customers to give the company a name in the form of a full name. Therefore, in addition to the personal data indicated in the documents, you can come up with another name for your company.

For example, the Creatif beauty salon, the Economy store, etc. These names are characterized by consonance, conciseness, they show the advantages of the enterprises represented.

Agree, the beauty salon Ivanov Ivan Ivanovich will not be able to attract potential customers. Many entrepreneurs complement the chosen original names with a specially designed logo, creation history, etc.

Perhaps soon it will become a recognizable and well-known brand.

The legislative framework

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

Attention! The commercial name (beauty salon "Aurora") is optional. But the current legislation does not prohibit this. Optionally, after personal data, you can give the commercial name of the structural unit.

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

All objects of entrepreneurial activity have the right to designate their commercial activities. These objects include IP. Such a name may not be included in the unified state register and in the basic documents at the request of the founder.

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

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

Other aspects that reveal the essence and scope of the names are not indicated by legislative acts. The issue 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 stream of customers.

Some entrepreneurs spend heavily on brand name development services at advertising and naming agencies that generate memorable and relevant names for their businesses.

Beauty salon, clothing store, barbershop, gym it just has to have its own name.

If you are going to open retail on the market, there is no need to invent and prescribe the original name.

Commercial name variations

The commercial name may be used by other counterparties. If you want to give a unique name to your company, then you can register a trademark. This procedure is strictly regulated by the 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 you avoid the trademark registration procedure, the constituent documents will contain information about the individual entrepreneur. Pay attention to the receipts of shops, 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 the private entrepreneur).

Important! A businessman can use a commercial designation if another company does not use it for its activities. It is not necessary to indicate it in the basic documents and in the state register. The chosen name may appear on signs, invoices, commercial letterheads, outdoor advertising, advertisements, packaging.

Right to use the company name

It is forbidden to use a commercial designation that may misinform or mislead as to the ownership of the company, a confusingly similar name, trademark, logo, protected by rights that belongs to a third party.

If an entrepreneur has violated such a right, at the request of the copyright holder, it is necessary to immediately stop using it and compensate for the losses incurred during the period of use of the commercial designation.

The right to use a brand, logo can be used by another person in such cases:

under the terms of succession;
under the terms of the contract;
other reasons established by law.

As you can see, an individual entrepreneur has the right to use and promote a specially designed trademark, this area has practically no restrictions. To secure the rights to use it, you must officially register it.

Do not forget! Before promoting the chosen name, it is important to make sure that it is not used by another company that has registered its rights a long time ago. If this issue is not dealt with, at any time the rightful owner may demand money for its use as compensation for damage.

Consider an example. It was planned to open a beauty salon "Beauty". An attractive female silhouette was chosen as the emblem. But Rospatent already had information about the registration of such a name.

As a result, the beauty salon was given a different name. But a few weeks later, the owner of the salon was approached by people who offered to buy out the original name.

The cost of this service was several thousand dollars.

As can be seen from the example, many enterprising individuals specifically register popular and spectacular names for the purpose of their further resale. The cost of registration in Rospatent is small, and such a name can be sold for a large amount.

Source: http://IPprof.ru/pravo/nazvanie-ip.html

Can an IP have a name

Beginning individual entrepreneurs should be aware that their business differs in many formal indicators from a business in the LLC format. You can read about all the differences between these two organizational and legal forms in the article “IP or LLC - what to register”. We are currently interested in the fact that an individual entrepreneur cannot independently decide how his business will be officially called.

According to Russian laws, the name of an individual entrepreneur is given strictly according to the template “abbreviation of individual entrepreneur + full name of the entrepreneur”.

For example, the owner of a car wash, Sergey Ivanovich Nuzhdin, according to all documents, will pass as “IP Nuzhdin Sergey Ivanovich”, and not “Cleanliness-Service”. There's nothing you can do about it.

If the company name of an LLC is recorded in the Unified State Register of Legal Entities, then it is impossible to find the company name of an individual entrepreneur in the register of individual entrepreneurs, they are registered only by last name.

An individual entrepreneur is an individual endowed with special powers who has a certain last name, first name and patronymic, so the question of whether it is possible to give the name of an individual entrepreneur sounds strange in itself. But you can easily solve this issue by using a commercial designation or by registering a full-fledged trademark.

Do you need an IP name

On the check from the beauty salon, instead of the ornate name that flaunts on the sign, we note the prosaic “IP Ivanova I.I.”. But at the same time, it is difficult to find a store where only “IP” would be written above the entrance. Can an individual entrepreneur have a name other than the last name? Isn't this against the law?

Indeed, in many areas of activity, entrepreneurs cannot do without names. The store owner certainly needs a sign such as “Products”, “Exercise equipment”, “Clothes”, “Toys”. To advertise the services of a computer service, a catchy name is required. Here, a commercial designation comes to the aid of an entrepreneur, which is what the above examples of the name of an individual entrepreneur are.

A commercial designation replaces the name of a company for an individual entrepreneur, but is not subject to mandatory inclusion in official documents (Article 1538 of the Civil Code of the Russian Federation).

The entrepreneur has the right to use it to individualize several objects of commercial activity - then, for example, the name of the IP stores will serve as a unifying factor.

If an entrepreneur wants to go further and emphasize the uniqueness of his business, he can register a trademark - a verbal designation or logo, which is also not legally a business name of an individual entrepreneur, but allows you to dissociate yourself from competitors and build a brand.

A trademark can be actively used in business activities, indicating it along with the official name of the individual entrepreneur. By registering a trademark, an entrepreneur can order an original print. In addition to the name, place of business, OGRNIP, TIN, it will have a designer logo.

At the same time, along with the commercial name, the full name of the IP should always appear. The contracts indicate the persons who concluded it, and in the case of an individual entrepreneur, we are talking about an individual.

Using a commercial designation instead of the official name of the individual entrepreneur, the entrepreneur misleads the counterparty.

So, IP can have a name in the form of a trademark or service mark. As it is permissible to use a verbal, pictorial, three-dimensional or other designation. The names of trademarks and service marks are regulated by the Civil Code of the Russian Federation.

Among the obvious prohibitions there are less obvious ones. In particular, according to the text of the Civil Code, it is impossible to register a trademark that is a common name for a product (for example, the TV brand “Televizor”).

It is forbidden to include information about the function of the object in the name.

Registration of trademarks is one of the services of Rospatent. It is necessary, after paying the state duty, to submit an appropriate application to this body. List of documents for registration of a trademark/service mark:

an application for registration of a designation as a trademark indicating information about the individual entrepreneur;
designation in two copies: one is given in the application by pasting or using computer technology, the second is submitted in the application;
description of the designation, which is intended to explain it, to reveal the conceptual content;
a list of goods/services for which the IP is seeking trademark registration.

Now directly about how to register the name of the IP. An individual entrepreneur can submit documents both independently and by issuing a power of attorney for a representative.

You can submit an application for registration of a trademark with a personal visit, by mail or by fax (the latter involves the submission of original documents later). There is also an option to resort to EDS.

If an individual entrepreneur plans to register several trademarks, documents must be sent separately for each of the designations.

A positive decision to register an IP name in the form of a trademark (service mark) or a decision to refuse registration is made after an examination for compliance of the designation with the requirements of the Civil Code. ABOUT possible reasons refusal is to be learned from Art. 1483 of the Civil Code of the Russian Federation.

If a positive decision is made on the application, the trademark is registered in the register, information about this registration is published, and the entrepreneur receives a trademark certificate.

The exclusive right to this mark is valid for ten years from the date of application, subsequently it can be extended as many times as needed.

Source: https://www.regberry.ru/registraciya-ip/mozhet-li-ip-imet-nazvanie

Is it possible to assign an IP name? This question worries most novice businessmen. On the one hand, the official name of the entrepreneur is the surname, name and patronymic.

On the other hand, they are far from always sonorous, they will look and sound appropriate in advertising. In fact, an entrepreneur is not prohibited from using a commercial name.

But it is worth carefully considering this issue.

Is it possible to assign a name for your IP, do I need to register it?

It is exactly how the abbreviation in combination with the full name of the entrepreneur is indicated in the register both during registration and in the process of activity. It is important to understand that an entrepreneur is an exclusively natural person. Therefore, it is impossible to register a company name for an individual entrepreneur.

It should be borne in mind that for individual entrepreneurs the name is not included in the registration documents. The name is used solely to identify the place of business. When organizing a network of objects of conducting activities, the IP has the right to use one name for their designation.

If subsequently the entrepreneur wants to make his business unique, he has the right to register a trademark. It can be used as a logo or name.

Trademark registration helps to achieve the following goals:

to combine the objects belonging to the businessman (shops, hairdressers and others);
stand out from competitors;
build your own recognizable brand.

It turns out that the question of how to name an IP sounds incorrect. It is more correct for an entrepreneur to choose the name of a retail outlet or other facility in which activities are carried out.

What are the requirements for a title?

If an entrepreneur chooses non-branded designations for his objects, there are no strict requirements for them.

However, it is important to know a few rules that will help make the name memorable:

It is important to achieve simplicity, the name should be easy to pronounce and write. Such a name will be quickly remembered, it will be easily transmitted from person to person. In the end, it will be clearly associated with a particular entrepreneur. Complex abbreviations and phrases cannot become a quality name.
You cannot register a name that is a common concept.
Experts do not advise using too much descriptive information when naming a business.
If an entrepreneur believes that he will not stop, and subsequently his activity will grow, it is not recommended to use a reference to a specific geographical area or product in the name.
It is also advised to refuse to use the surname and name, words with an ambiguous interpretation.

It is important to keep in mind that any name may be used by other organizations. Today, the state authorities do not maintain a list of names. Therefore, it makes no sense to check the presence of the selected name in the registry. However, one should always strive for uniqueness. This allows you to ensure business recognition, helps customers uniquely identify the company.

How to register a store name

To register the name of an individual entrepreneur, you should contact Rospatent.

In this case, you must provide a package of documents:

receipt of payment of the relevant fee;
an application with a request to register a service mark, which must include information about the entrepreneur;
the name subject to registration is contained in the application itself and in the annex to it;
a description of the service mark explaining it;
a list of goods and services for which the registered name will be used.

Prepared documents can be sent to Rospatent by mail, brought in person or sent using electronic means of communication.

Do I need to register a trademark

Before going through the registration procedure, you should familiarize yourself with a number of rules:

Keep in mind that trademarks are used within certain classes. They combine a specific type of goods or services. You cannot register identical trademarks within a class. At the same time, similar options can be used for goods and services in different groups.
When checking the uniqueness of a trademark, an individual entrepreneur should use the Rospatent website. Other resources may also indicate names that have not been registered anywhere.
If an entrepreneur plans to export his goods, he must check the existence of unique rights to a similar denomination in the relevant country. Only in the absence of it, a trademark can be used for export. At the same time, the presence of such a name, as the IP wants to register, in the official register of another country is not an obstacle to passing the corresponding procedure in Russia.

In addition to complying with the above rules, it is important to ensure that the trademark complies with the requirements of the law. They are reflected in the Civil Code of the Russian Federation.

How to patent a name or trademark

You should know what circumstances may lead to the fact that the name or trademark will not be registered:

the chosen name misleads potential customers;
the name partially or in full coincides with the one that has already been registered earlier;
the chosen name includes the designation of some state body.

Only if all the above conditions are met, an individual entrepreneur can apply for registration. First of all, you will need to pay the state fee. It is one thousand rubles.

Some especially enterprising citizens register any name. Subsequently, they can sell it. At the same time, the cost of especially interesting specimens reaches tens of thousands and even more.

Do not forget that doing business under an already registered name can threaten with unpleasant consequences. The owner of such a trademark has the right to apply to the court. If the case is decided in his favor, the entrepreneur will be fined.

By law, the name of the entrepreneur includes the surname, name and patronymic. However, an individual entrepreneur has the right to register his own individual name. Do not forget that this procedure is regulated by law.

Source: https://tvoeip.ru/pravo/nazvanie

IP business name

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Any individual enterprise can be considered both an object and a subject of economic activity. As an object, it is a truly independent unit of a certain sector of the economy, which leads entrepreneurial activity. As a subject, it is an enterprise that has its own personal and individual characteristics. In any case, the name of the IP plays an important role in business development.

The need to register a business name

By law, any IP must be identified by the name of the owner. Most often this is done by the last name, first name and patronymic of the entrepreneur.

However, as practice shows, any entrepreneur interested in development wants to stand out from competitors with all his activities. This will allow you to stand out in the market and attract potential customers faster.

The achievement of these goals, the successful solution of marketing tasks is possible only after registering one of the following individual differences:

corporate name of the IP;
trademark;
trademark;
informational and colorful logo.

Experience professional activity forces individual entrepreneurs, in addition to the official name, to develop an individual name for the IP organization. It is chosen so that it fully reflects the main direction of activity.

They try to create it informative, attractive, well-remembered. It should be easily recognizable by potential customers.

Using the right brand name allows you to solve the following tasks:

First of all, this is a great marketing ploy. Modern Russian legislation provides for a name for an individual entrepreneur, in which the surname and initials should be reflected. The form of such a name is as follows "IP FIO". However, the law does not prohibit or restrict individual entrepreneurs in choosing brand names that allow them to promote their activities on the market. Therefore, IP can have a name. You can come up with a good and attractive name for a store, a hairdresser, a beauty salon. In this case, active and passive advertising is distributed much better.
It is easier to organize and conduct an advertising campaign. A beautiful, sonorous name is faster, stays heard longer. Owners famous brands, which are based on the name or surname of the owner, do not always agree with this. A common situation is in which the name, surname, patronymic of an individual entrepreneur is of genuine interest than an abstract name that says nothing. It is easier to search for IP by name.
An abstract name creates good conditions for anonymity. This can be very convenient in cases where there is an unfair competition against individual entrepreneurs. Hired employees will not be able to help such competitors in solving their unscrupulous tasks.

In addition to these advantages, there are circumstances in which a registered individual name is simply necessary:

to grant permission to perform certain tasks to trusted persons;
for advertising companies, participation in exhibitions, presentation of their products at competitions. This will eliminate possible disagreements, relieve problems in the field of copyright.

Legal registration of a company name

When creating a business, a future entrepreneur wants to get answers to the following questions:

Do I need to register a name?
Is it possible or not to consider the company name of an individual entrepreneur as an analogue of the name of the company?

Unlike the name of a firm, company, organization, under existing legislation, an entrepreneur is not required to mark the chosen individual name in his documents. It may not be declared in tax office. The same name can be used for a number of objects: the name of the IP store, points Catering and so on.

Selection rules, the procedure for applying brand names are regulated by articles of the Civil Code (in particular, article 1538). After obtaining permission to conduct commercial activities as an individual entrepreneur, the applicant has the right to develop and apply his own individual business name. It must be remembered that one object can be assigned one name.

In addition to the corporate name, the IP may register another individual symbol. It's called a trademark. This is very reasonable especially in production activities. A trademark is a symbolic designation. It reflects the individual characteristics of the entrepreneur. Such a sign is used in conjunction with the official name of the individual entrepreneur.

After registration, it is allowed to be placed on the seal of the entrepreneur. In addition to it, the seal must necessarily contain the full name of the individual entrepreneur, the place of the main activity.

There should also be basic details: OGRNIP, TIN. In addition, the law defines other features of the development and use of any commercial name.

The rights of the entrepreneur to use it are determined by law. duties and responsibilities.

An individual trade name can be freely registered. This name is not assigned by law only to him. The same name can be used by another entrepreneur, company, public association.

The Ministry of Justice maintains a complete record of registered individual names. A common name for an individual entrepreneur, examples of widespread names: the Lira cafe, the Perfection beauty salon, and so on. The right of primacy is always reserved for the entrepreneur from whom the application for registration was received earlier than others.

How to register a business name

The established rules allow the use of the following images in brand names:

individual words, a set of words, an abbreviation in Cyrillic or Latin;
artistic image: drawing, graphics, print, character set;
volumetric image.

The list of acceptable variants of names, trademarks, logos is quite wide. It is limited by existing legislation and common sense. It is impossible to choose the name of a well-known product as a name for a trademark. Examples of incorrect names: the brand of the refrigerator cannot be called “Refrigerator”, and the new iron design cannot be called “Iron”.

When choosing a corporate name for your individual entrepreneur, you should remember that such names are divided into two categories. The first category - official names, the second - commercial names.

It is allowed to develop and use a commercial name without registration. Therefore, it may not be included in the founding documents.

The creation of a memorable individual name, sign, logo can be entrusted to specialized organizations. Their experienced specialists in the so-called "naming" will always help.

It should be remembered that the services of professionals in this field are expensive. However, the investment will be justified.

A well-chosen individual business name for an individual entrepreneur will create a positive image, increase the flow of customers, increase sales, and hence profit.

Do I need to register a business name? It is necessary for several reasons:

Firstly, passing this procedure allows you to make sure that the chosen name does not contradict all established norms (legal, moral, ethical).
Secondly, it will be possible to understand and clearly track the effect of an individual name. How many additional customers have been attracted, how quickly the profits are increasing.

There are a number of reasons that can lead to a refusal to register a chosen name. The main reason is an attempt to register an already existing and registered name. To avoid this, it is necessary to preparatory stage refer to the database of names of Rospatent.

The specialists of this organization will determine the originality of the chosen name. If registration is not possible, a written denial of registration will be sent stating the reason for the denial. The legislation details the restrictions imposed on trade names.

After fulfilling the necessary requirements, you can apply for registration of an individual name. An official statement is being made. A package of necessary documents is attached to this application. He is sent to Rospatent.

You can apply on your own. If this fails, you can entrust the execution of this procedure to any authorized person: your representative, relative, employee.

The list of documents to answer the question of how to issue a corporate name is as follows:

application to Rospatent of the established form;
a receipt confirming the payment of the state duty;
copies of documents confirming the registration of IP;
a separate letter listing all economic activity codes.

It is advisable to choose a name that is easy to pronounce and does not cause problems in spelling. It is especially important that the name reflects the activities of the individual entrepreneur and is associated with the reliability and decency of the entrepreneur. Avoid: confusing terms, incomprehensible phrases, geographical names.

Care must be taken in choosing foreign words.

Before use, if exact value words are unknown, be sure to check all translations and possible interpretations in dictionaries and draw an analogy with other languages.

Incorrect use of foreign words, expressions, phrases may adversely affect the future attitude towards IP. This is especially necessary if you plan to promote your products via the Internet.

Trademark registration

In addition to an individual name, an individual entrepreneur can register his personal trademark. This sign allows the entrepreneur to present his product as a personal development. It helps to distinguish it from competitors' products. Legally, a trademark cannot be considered a trade name.

The procedure for registration and use of trademarks is provided for by the provisions of the Civil Code. The state registration of any signs that do not have signs of identification is prohibited. In particular:

commonly used to refer to individual goods or groups of goods;
are already registered common marks;
indicate the distinctive features of the presented product;
designate the form, individual functions of the product.

The process of registration, issuance of permits for the use of trademarks in the territory Russian Federation handled by Rospatent. It is to this organization that documents must be submitted. This procedure is paid. The cost is determined by the amount of state duty.

To register your trademark, you must submit:

Properly completed application. It must contain information about the applicant.
Introduce graphic image trademark. The image is submitted in two copies. The first copy is attached to the application. It can be presented in computer form graphic file. The second is placed by a separate application.
Detailed verbal description of the graphic image. It explains the meaning of the proposed sign, reveals the concept, semantic content, used features and national traditions.
Description of the goods or a whole list of goods on which the individual entrepreneur plans to apply a registered trademark.

If you plan to register not one, but several trademarks, then you need to prepare a package of accompanying documents for each mark. When providing each package of documents, a state duty will be paid.

The decision to register a trademark (refusal to register) is made only on the basis of the results of a special examination. All identified reasons for refusal are set out in the Civil Code of the Russian Federation (Article 1483).

When a positive decision is made, the trademark is registered with the issuance of an appropriate certificate. Its description and graphic image is placed in the trademark register.

The entrepreneur receives a written notification of a positive decision.

Its validity period does not exceed 10 years. After the expiration of this period, the entrepreneur has the right to prolong. The number of renewals can be as many times as necessary for business purposes.

Benefits of using a commercial name

So, in accordance with the norms of legislative acts, an individual entrepreneur has the right to assign a commercial name to his enterprise, that is, instead of a dry and strict "IP Ivanov I.I." the signboard may show off another more creative name, say, the Effect hairdresser or the Orchid beauty salon.

What are the benefits of using a commercial name:

successful marketing ploy. As practice shows, many consumers, in particular women, pay special attention to the names of salons and stores, therefore, a retail outlet with the name "Lakomka" is more likely to attract customers than the store "IP Ivanov I.I";
advertising. It is much easier to promote an enterprise that has an euphonious name instead of a dry abbreviation. Although some entrepreneurs do not adhere to this opinion, arguing that many customers, on the contrary, choose a store by its owner. As a rule, this applies to small settlements, where almost all residents know each other;
anonymity. In some cases, this is quite true, for various reasons. For example, if in the past your dry cleaner was notorious for poor quality of services, which happened due to the fault of incompetent staff, but now completely different people work there, and the situation has changed radically, the option of assigning a commercial name to the enterprise can be a kind of lifesaver.

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