An individual entrepreneur can, at his own discretion, open a bank account for financial transactions or issue a seal. But these actions are advisory in nature. According to current legislation, these measures are optional and depend on the specifics of the activity. Do I need to register a name to open an individual entrepreneur? 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, individual entrepreneur is no exception. His name is indicated in constituent documents. In addition, many entrepreneurs want to give a commercial name that would reflect the company’s activities, be bright and memorable, and attract potential buyers.
Absolutely every business entity has the right to register proper name. Such entities include:
- joint stock companies;
- society with limited liability;
- additional liability companies;
- complete societies;
- limited partnerships.
The individual entrepreneur must indicate his last name, first name and patronymic in his constituent documents. Such personal data can be called a kind of name for the created company, since it acts as an official designation.
Commercial name
But often on the signs of companies (shops, beauty salons, offices) one name is indicated, and on the receipt - a completely different one. The fact is that it is undignified and unattractive in terms of attracting clients to give the company a name in the form of a full name. Therefore, in addition to the personal data specified in the documents, you can come up with another name for your company.
For example, the beauty salon “Creatif”, the store “Economy”, etc. These names are characterized by consonance and brevity, they show the advantages of the presented enterprises. Agree, the beauty salon Ivan Ivanovich Ivanov will not be able to attract potential clients. Many entrepreneurs complement the selected original names with a specially designed logo, history of creation, etc. Perhaps this will soon become a recognizable and well-known brand.
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 entrepreneur. The seal may also consist of a specific company logo, if one is provided and developed in advance by the founder.
To answer the question whether an individual entrepreneur can have a name as an organization, it is necessary to refer to the provisions of Russian civil legislation. In particular, Art. 1538 of the Civil Code states that individual entrepreneurs in their activities can use commercial designations that are not brand names for personal characteristics and to indicate the ownership of various enterprises.
That is, the essence is that all official documents will mention full last name, first name, patronymic of the individual entrepreneur, and for the store, salon, company the commercial name will be used. You can also register a trademark.
Pros of using a name for an individual entrepreneur
- Marketing move. Having analyzed Russian legislation, we can conclude that the name of a businessman should sound like “IP Full Name”. But you can easily name your beauty salon “Lokon” or “Curler”. And it’s more prestigious when they go to a place with a beautiful name to get their beauty done, and not the dry abbreviation IP. And it is unlikely that you will ever see a store with a sign bearing the name of the entrepreneur (although the limits of human vanity are unpredictable).
- Advertising. This is a point that follows from the previous one. But nowadays there is nowhere without advertising. And a euphonious name stays on everyone’s lips faster than the name of an entrepreneur. Although in this case the owners of famous famous brands could argue. And here a common situation is when a name with the surname of an entrepreneur will arouse more interest than if it were closed with some faceless name.
- Anonymity. The employees you hire can do all their functional responsibilities, and no one will guess that the Chistyulya dry cleaner actually belongs to you.
Certain provisions
- An individual entrepreneur may have a name like an organization, but there is initially a difference between them. It consists in the fact that organizations register their corporate name in the Unified State Register of Legal Entities. Individual entrepreneurs are entered into 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.
- Multiple implementation objects entrepreneurial activity may have the same name.
- When concluding contracts, businessmen must indicate their official name and not mislead counterparties by using commercial designations.
Registration of an IP trademark
An individual entrepreneur can also register his trademark (trademark or trademark, brand) - this is a designation that is intended to individualize a product and distinguish it from competitors. It may contain verbal, artistic or other designation. Legally company name it is not.
In addition, in this case, including to maintain the image, the businessman must order an original seal. It must contain: TIN where the activity is carried out, commercial and official name, designer logo.
The procedure for registration and use of trademarks is regulated by the norms of the Civil Code of the Russian Federation. In particular, it is prohibited state registration designations without signs of identification or containing only such elements that:
- commonly used to refer to certain goods;
- are generally accepted symbols and terms;
- indicate the characteristic features of the product;
- represent the form and function of the product.
To register a trademark, you must submit an application to Rospatent and pay a fee. The application must be accompanied by: the designation itself in 2 copies, its description and a list of goods to which this mark will apply. This can be done in person or through a representative by proxy. After a positive consideration of the application, the trademark is registered in the register, and information about the registration is published. The right to a specific 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 individual entrepreneur can have his own name depends on the business strategy and the businessman’s own desires.
biznesogolik.ru
Can an individual entrepreneur have a name and logo?
Can an individual entrepreneur have a name like an organization? What actions need to be taken individual entrepreneur 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 individual entrepreneur, are presented in the material below.
According to the norms of civil legislation, an individual entrepreneur is an individual who has received the right to conduct business in a particular area. The name of an individual entrepreneur, 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 when registering transactions and concluding contracts. At the same time, a businessman has the right to assign a commercial name to his store or hairdressing salon, as well as register a logo. How to do this and what are the advantages of such a commercial move, read on.
What are the 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 the dry and strict “IP Ivanov I.I.” the sign may display another more creative name, say, the “Effect” hair salon or the “Orchid” beauty salon.
What are the advantages of using a commercial name:
- a successful marketing move. As practice shows, many consumers, in particular women, pay special attention the name of the salons and stores, therefore, a retail outlet with the name “Gourmand” has a better chance of attracting customers than the store “IP Ivanov I.I.”;
- advertising. It is much easier to promote an enterprise that has a 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 based on 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, for various reasons. For example, if in the past your dry cleaner was famous for its poor quality of services, which was 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 an individual entrepreneur
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 the prescribed manner. As for individual entrepreneurs, an enterprise of this organizational and legal form can officially name itself only in accordance with the established model (IP Ivanov I.I.). Information about the name of the company is entered in the Unified State Register of Legal Entities, about an individual entrepreneur - in the Unified State Register of Individual Entrepreneurs;
- even if an individual enterprise has a commercial name that differs from what is entered in the Unified State Register of Individual Entrepreneurs, the form of the enterprise (IP) is indicated in the check confirming the settlement transaction and full name entrepreneur;
- legislative norms requiring the mandatory inclusion of information about the commercial name of the individual entrepreneur in official documentation, on at the moment not developed;
- if an individual entrepreneur owns a network of enterprises, there is no need to come up with a name for each outlet. All shops or hair salons of the same owner may have the same name;
- When concluding transactions and drawing up agreements with counterparties and suppliers, the individual entrepreneur must indicate only the name under which the enterprise is registered in the Unified State Register of Individual Entrepreneurs. Business partners should not be confused by a commercial name.
Conditions and procedure for registering an IP logo
In order to individualize his product 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 this or that product, so a trademark, in fact, is an advertisement for a business, which, unfortunately, is not always successful.
A logo should not be confused 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 activity;
- individual entrepreneur tax number;
- official name;
- commercial name;
- information about the designer logo.
The procedure for registering a logo, the conditions and requirements for its use are regulated by civil law. The law prohibits the use of logos without signs of identification or those that contain the following elements:
- designations commonly used by other enterprises and organizations;
- symbols and terms that are well known and generally accepted;
- designations that in one way or another characterize the characteristics of a product sold or produced by an individual entrepreneur;
- signs expressing functional characteristics goods.
The procedure for registering a trademark by an individual entrepreneur:
- filing a corresponding application with Rospatent;
- payment of state duty;
- provision of necessary documents.
Methods for applying for logo registration:
- individual entrepreneur personally;
- through a representative. IN 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 a corresponding certificate valid for 10 years. Logo information is entered into the register.
urlaw03.ru
IP name: corporate name for the company
An individual entrepreneur has every right to open a current account in his name and purchase a stamp. These measures are dispositive in nature, that is, advisory. The law does not oblige, but simply gives advice on what these attributes will be needed by an individual entrepreneur. But do you need a sole proprietorship 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 to attract new clients.
"Correct" name
Any business entity has the right to have its own name, recorded in the constituent documents. Such entities include:
So names should have business companies(LLC, OJSC, CJSC and others). Does individual entrepreneurship have a place in this list? Can there be a name for an individual entrepreneur and in what form can it be presented?
The documents of a private entrepreneur usually indicate the last name, first name and patronymic of the businessman. It is this data that serves as the official designation of the individual entrepreneur on the letter. However, many of us have encountered a situation where one name is indicated on a sign in a store, warehouse or office, but a completely different name is indicated on the receipt. Agree that “individual entrepreneur – full name” sounds undignified. This name is not entirely suitable for an individual entrepreneur if he wants to attract as much attention as possible from potential clients. Most often, individual entrepreneurs come up with a corporate designation for their business, it even goes as far as a logo.
It is worth saying that the main name (full name) assigned to the individual entrepreneur must be marked on the seal imprint. In addition to the city, region, OGRNIP number, the seal must also contain the logo of the individual entrepreneur (if one was developed in advance by the businessman).
According to the law, the name of a company for an individual entrepreneur does not have to be officially recorded. However, the law does not prohibit doing this if a businessman wants to finally and irrevocably legalize his activities.
In Article 1538 of the Civil Code Russian Federation contains two most important points that provide an explanation of what a commercial designation (trade name of an individual entrepreneur) is:
Read also
- All legal and individuals those engaged in entrepreneurial activities have the right to a commercial designation for their activities. Such entities include organizations and individual entrepreneurs. Such designations are not subject to mandatory inclusion in the constituent documents of a business entity, as well as in the Unified State Register of Individual Entrepreneurs. Please note that before an individual entrepreneur registers a company name, he should make sure that it does not contradict the moral values of society.
- Such a commercial designation can be used by the owner for several businesses owned by him. No more than one trade name may be used per unit.
The legislation of the Russian Federation does not provide more answers to the question of whether an individual entrepreneur can have a company name. A private entrepreneur must decide for himself whether he needs a trade designation or not, whether it will affect the increase in customer flow or not.
Before registering the name of an individual entrepreneur, also read Law 129-FZ. This normative document contains basic recommendations on the issue of registering an individual entrepreneur and his business name.
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How can you name your individual entrepreneur 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 call your company an individual entrepreneur so that there are no contradictions with regulations.
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Requirements for the name of business entities
The Civil Code of the Russian Federation and Federal Law No. 14-FZ of 02/08/98 “On Limited Liability Companies” stipulate the following requirements:
- the name must determine the organizational and legal form of the business entity;
- the words “Russia” or “Russian Federation” may appear in the name only with special permission and written confirmation;
- the name of the company should not contradict humanity, morality and public interests;
- the enterprise cannot be called by an existing name;
- The presence of the names of government structures and the names of any states in the name of the organization is prohibited;
- the generally accepted name of an individual entrepreneur is the surname, first name, patronymic before which there must be an abbreviation (IP Khrustalev Anton Petrovich);
- an individual entrepreneur can hang a sign on his store, provided that it is a retail business. For example, “Products” or “Auto Parts”. This would not be an offense because the words would be well known and would remind the buyer of the type of product being sold. The name may be something like “Auto parts (IP Khrustalev)”;
- As for a trademark, an individual entrepreneur can register it as a word mark or logo. For example, "Store food products"Chamomile". But in the documents it is necessary to indicate the details of the entrepreneur (Romashka food store, represented by IP Khrustalev, signed an agreement with...).
To register a trademark, you need to check its uniqueness in the logo database so as not to be repeated. Collect necessary documents(application, class, description, product image, confirmation of enterprise management, receipt of payment of state duty), submit an application to Rospatent.
On video: Naming. A special approach to the name
Frequently asked questions
The main issues that individual entrepreneurs discuss in specialized forums:
- What 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 must be indicated.
- Can an individual entrepreneur be called a company? No. An individual entrepreneur cannot call his business a company, since he is an individual and not a legal entity (Article 48 of the Civil Code of the Russian Federation).
- Can an individual entrepreneur be called “Chamomile”? Yes. An individual entrepreneur can be called a chamomile, provided that the entrepreneur has registered the corresponding trademark. However, the documents must necessarily display information about the business entity (for example, the Romashka food store represented by IP Khrustalev).
- Is it possible to name an individual entrepreneur by a name other than his last name? No. The abbreviation and surname of the entrepreneur must be indicated in registration documents. An individual entrepreneur cannot be called by someone other than his last name.
- Can an individual entrepreneur be named after the director’s surname? This organizational and legal form does not provide for the position of director. The entrepreneur is the main managing person, therefore, the individual entrepreneur must be registered in his name personally. Whereas a legal entity has the right to appoint a director.
- What should an individual entrepreneur name a company? If an entrepreneur registers a trademark for himself, then he can name the enterprise not only by his full name, but also by another word. It's best described as "loud", an attention-grabbing word. However, it must indicate the product being sold and comply with the requirements of the law. For example, you can name a grocery store “Yummy” if another entrepreneur does not use such a name.
- What name can be given to a trademark? An entrepreneur cannot choose a name on his own, since there is specific classification, by which the name is assigned. For example, you cannot give an already registered trademark name, or a common name that directly speaks to the purpose of the product. All requirements are specified in the Civil Legislation.
- What private business names already exist? Such verbal designations as “Sun”, “Chamomile”, “Cornflower”, “Swallow”, “MasterOK”, “FotoChka”, “StroyMir”, “StroyLand” have been registered. You can check the uniqueness of the “company name” on the websites of patent offices or in the Rospatent database.
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 the trademark is not registered?” This procedure is determined by law. To expand their capabilities, business entities must register a legal entity.
On video: Refinement of the trademark: design and naming
What should an individual entrepreneur name a company? There is only one option. An entrepreneur can name the company strictly with an abbreviation based on the last name; another word in the name can only be used when registering a trademark. In this case, the name must 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
Registration as an individual entrepreneur and opening your own business requires additional details, such as a stamp and a current account. The state does not oblige the entrepreneur to acquire them, however, the presence of details can serve as an additional advantage over other companies.
Partners cooperate more willingly with organizations whose owners are registered as individual entrepreneurs, but the company has its own seal and bank account. For this reason, experts advise not to neglect creating details.
Dear readers! The article talks about typical solutions legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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In the process of establishing a firm, a business owner may be faced with the question of whether a sole proprietorship company name is necessary? The answer to this is identical to the solution to the problem of creating a seal and registering a current account. An individual entrepreneur has the right to name the company by at will, however, current legislation does not oblige you to perform the procedure.
It should be remembered that the name of the company can serve as a profitable advertising ploy. Potential clients will be more willing to visit an institution that has a sonorous and memorable name than to cooperate with a company that does not have a name.
If an entrepreneur decides to go through the procedure of creating details, he must not only decide what the individual entrepreneur can be called upon registration, but also comply with a number of features that are required to be taken into account by current legislation. To do this, the business owner will need to familiarize himself with the information in advance.
Selection requirements
Despite the fact that the owner is free to independently name the company, he must still comply with a number of requirements imposed by current legislation.
The mandatory rules that a company name must comply with are:
- the name of the institution must correspond to the standards of morality, humanity and public interest;
- in the name of the company it is necessary to indicate the legal form of the company;
- if an institution with a similar name is already operating and the trademark has passed the registration procedure, naming the business is also prohibited;
- The words “Russia” and “Russian Federation” can be used in the name of the company only after obtaining special permission;
- It is prohibited to use the names of government structures of the Russian Federation, constituent entities of the Russian Federation or foreign states in the names.
The requirements for a company name are minimal. For this reason, it is difficult not to comply with them, even if the business owner has not first read the rules. However, it is better to take into account all the nuances in advance than to come up with a new name for the institution later.
Important parameters
Legal formalities
Having decided what an individual entrepreneur can be called upon registration, the owner of the company begins to think about whether it is necessary legal registration company name. To do this, you need to refer to the current legislation.
Having studied the regulations, the business owner will not find a provision that specifies the need to go through the procedure of registering a company name. However, a number of features should be taken into account.
The company will have 2 names. The official name of the individual entrepreneur is the full name of the entrepreneur. The details will appear in documents and appear on checks. However, customers will know the establishment by a different name.
For buyers, current legislation allows the use of a different company name, which will be placed on signs and banners, because the law does not prohibit the use of this option and the business owner will not have problems
Use of naming
The company should have a beautiful name. This is the opinion of most entrepreneurs who decide to name their business. However, marketers are of the opposite opinion. A gaming company must make a profit, and all other parameters are secondary.
The name is an excellent marketing ploy that can attract additional customers if it is chosen correctly. The name will help increase the company's recognition in the market of goods and services and will help increase popularity.
However, getting quality props is not easy. It is necessary to do colossal marketing work, which is called naming. The process of creating a name consists not only of finding suitable words, but also includes a whole list of actions that need to be performed.
The procedure is divided into several stages, the list of which includes:
| Company analysis |
|
| Consumer Analysis | At the next stage, an assessment of the citizens the business is focused on is carried out. Age, gender, social status potential clients and their income level. The company's image should be designed for a specific audience, taking into account its values and vocabulary that the group's representatives use every day. |
| Market Research | Having completed the previous steps, the marketer analyzes companies that operate in the same niche. The specialist studies the names of institutions, how consumers reacted to the brand, the pros and cons of competitors. In addition, advertising techniques and methods of product promotion are taken into account. |
| Title requirements |
|
| Idea generation | Then the specialists participating in the procedure select words that meet the stated requirements. A large number of expressions can complicate company names. For this reason, specialists must strictly adhere to the identified framework. |
| Selection of options | All proposed ideas undergo an analysis procedure for compliance with the criteria. The result of the operation is the selection of several names. Then they too are subject to examination. |
| Testing | Options that have passed the selection are tested for real people. For this purpose, a group of people is selected who may later become clients of the company. Experts invite them to evaluate the remaining options, name the associations they evoke, and mark the word they like best, which helps increase trust in the company. |
| Legal expertise | The final name, which has passed all previous tests, is checked for compliance with current legislation. If the selected name does not appear in the list of names of other companies and satisfies other requirements, it is chosen as the name of the new company. |
Completing all procedures can reveal a name that will be popular with potential clients and help attract new customers. If the name is sonorous, it will be easy to remember and will be constantly heard. This will lead to a rapid expansion of the audience.
Exceptions
Not all business owners name their company according to generally accepted rules.
Sometimes atypical names can attract customers, which include:
| Names of family members or company founders | An example of well-known companies that have used this method of attracting customers are giants such as Ford, Mercedes, and Heitz. However, it should be remembered that only those entrepreneurs who have unusual name or last name. Such words will quickly be remembered and will begin to attract customers. |
| Mention of the field of activity | A company can attract customers if, upon hearing its name, it immediately becomes clear what it does. A business owner can form a business name from several words that indicate the goods and services that the establishment offers. However, marketers advise not to choose titles with which the market is already oversaturated. |
| Hybrids and abbreviations |
|
| Transcriptions from other languages | Another interesting marketing ploy that company owners began to use is writing foreign phrases in Cyrillic. Such phrases are always heard and quickly remembered. |
| Creative approach | The imagination of business owners is unlimited. He can create his own words and use them as a company name. However, you should only choose phrases that sound good. |
With a little thought, a business owner will be able to give the company a name that will attract everyone's attention. However, you shouldn't overdo it. A company's name can either increase demand or repel consumers.
It is difficult to take into account all the features that influence the name of a company, especially if the entrepreneur is going to choose a suitable name on his own. Therefore, marketers have developed a list of basic rules that must be used to make the company name memorable and attract potential customers.
During the process you need to remember:
| The title shouldn't be long | Laconic, sonorous phrases are easier to remember than cumbersome structures. Experts advise choosing words consisting of one or two syllables. |
| Customer comfort | When choosing a name, you need to put yourself in the place of a potential consumer and decide whether it will be convenient for him to use the company name in everyday communication. Words should sound good, not cause problems when written, and not lead to disputes over stress. If a business owner chooses a non-existent word, you need to make sure that the client perceives it adequately. |
| Avoid ambiguous language | There is no need to use words in the company name that cause negative associations among clients. |
| Consider the focus of the business | If the owner of the company plans to enter the international level, he needs to adapt the name of the institution in advance to the ears of foreign partners. It is better to choose a word with an international root. It is necessary to check the meaning of the name in all languages. To keep things simple, it’s best to choose fictitious words or abbreviations. |
| Avoid resemblance to well-known brands | By choosing a similar phrase, a business owner risks not only running into problems with the law, but also causing potential clients to associate it with a competitor. |
| The name should hint at the type of activity | However, you should not use hackneyed phrases and phrases. |
The rules are only guidelines. The business owner is free to independently choose the word that he will use as the name of the company. However, by taking into account the opinion of experts, he will be able to increase the company’s popularity among clients and increase demand for goods and services.
We should not forget that the official name of the individual entrepreneur is the full name of the business owner. When implementing retail, individual entrepreneurs receive the right to install a sign on the store, which will indicate the type of product or service that can be obtained here.
The business owner has the right to register a trademark in the form of a phrase or logo. Thanks to the action, the owner of the company will be able to distinguish the institution from the list of similar companies.
The name that was assigned to the company will need to be indicated in contracts or other documents along with the official name of the enterprise
Frequently Asked Questions
Despite the simplicity of naming a business owned by an individual entrepreneur, entrepreneurs often have questions about the procedure.
To protect yourself from possible problems It is necessary to study in advance the solutions of the most popular of them:
| Is it necessary to register the name of an individual entrepreneur? | No, there is no need to register. |
| Is it possible to come up with a name for an individual entrepreneur for advertising purposes? | Yes, current legislation does not prohibit performing the action. However, it should be indicated nearby on the sign and in the documents official name companies. |
| What to do if the name of a company owned by an individual entrepreneur is stolen? | The official name of the company is the full name of the entrepreneur. All other phrases must be registered as a trademark. If such actions were not performed, the entrepreneur cannot make claims to another institution that uses a similar name to carry out activities. |
| How to assign the chosen name to an individual entrepreneur? | To prevent other companies from using similar names while carrying out activities, the company name must be registered as a trademark. |
| Why does the individual entrepreneur have 2 names, and which one is the official one? | A company owned by an individual entrepreneur cannot have several names. The official name of the company is the full name of the entrepreneur. In addition, a business owner can register a trademark. Current legislation does not prohibit the use of another name for advertising purposes. However, it will not appear in official documents. |
Any type of business must have an official name. An individual entrepreneur writes his last name, first name, and patronymic in his documents. This will be the official name of the company.
You also need to indicate the State Register of Entry and Taxpayer Identification Number (TIN). Mandatory mention of other data is not provided for by current legislation.
Official and commercial names
In addition to the official name, an individual entrepreneur may have a commercial name that reflects the activities of the company. This is a bright and attractive company name that will be easily remembered by clients. Essentially this is PR stunt aimed at increasing sales or requests for services.
Unlike the official name, a commercial name is not required to be registered in the State Register. It is also not necessary to include it in the organization’s main documentation: the decision on this is made by.
Creating a memorable company name can be entrusted to an agency specializing in naming. Services good specialists are expensive. However, the costs will be justified if the commercial name has a positive impact on the company's image and increases sales.
Such attention to the commercial name is not relevant for all types of businesses. A recognizable name is important for beauty salons, fitness clubs, clothing and accessories stores. For small ones retail outlets, selling food and essential goods, there is often no need to stand out through .
The business name appears on signs, organization accounts, commercial letterhead, outdoor advertising, and advertisements. The company owner can expand this list.
Registration procedure
Firstly, make sure that the company's corporate name does not conflict with moral and ethical standards. For example, calling a company that sells sewing supplies “ISIS” is a bad idea.
Secondly, analyze your business, compare it with competitors’ projects. This will allow you to understand whether the chosen name will work and how it will affect your profits. It makes no sense to open a “Lady” accessories store if there are several similar retail outlets nearby: “Business Lady”, “Elegant Lady”, etc. They will simply be confused.
It must be taken into account that the procedure for registering a name is a complex process. It is best to seek help from an experienced lawyer. This way you will spend less time and immediately get the desired result.
Reasons for refusal
- The name already matches the previously registered one: completely or partially (by 70%). Before registering, contact Rospatent and leave a request. Experts will check the chosen name. If registration is not possible, you will be responded to in writing, indicating the reason for the refusal.
- The name may mislead customers. A simple example: you cannot call a pharmacy “Beauty Salon”.
- The name must not contain the full or abbreviated name of any government agency.
If the above requirements are met, you can apply to register the name. The application, along with a package of documents, is sent to Rospatent. You can submit documentation and an application yourself or through a representative - a relative or employee to whom you delegate this right.
List of documents
Registration occurs in several stages. First of all, a package of documents is formed.
The entrepreneur attaches to the application:
- Receipt for payment of state duty.
- Copies constituent documentation companies.
- A letter indicating the codes of economic activity of an individual entrepreneur, which is provided by the statistical service
The costs of registering a commercial name for an individual entrepreneur are low. Usually the amount does not exceed 1000 rubles, but resale of already used titles will cost significantly more.
Legislative framework: important aspects
The individual entrepreneur registration process is regulated Federal law No. 129 of 2002. This is a legal act in which the registration procedure and conditions for its successful completion are indicated.
In particular, the law requires that the full name of the entrepreneur be officially indicated on the imprint, while the commercial name does not need to be recorded separately.
If you want to make your business name unique, register your own trademark. When a trademark is registered, the developed logo is indicated on the letterhead, and the official name is also written down, for example, IP Ivanov I.I.
When registering a trademark, specialists check it for consistency with previously registered ones. Remember that the verification is carried out in open sources: search engines, references and tools mass media. Before submitting an application, make sure that the TM is not already in use.
Doing business under the trademark of another organization that previously registered it is illegal. This company can sue you and you will be fined.
Usage options
Exists several options when you need a business name registration certificate:
- For provision to third parties, for example when placing a sign.
- To inform other market participants about the use of the name (will help reduce the number of violations).
Additional information on how to name an individual entrepreneur can be found in this video.
Restrictions
The specifics of a company name are regulated by Article 1538 of the Civil Code of the Russian Federation. In accordance with the law, the owner of an individual entrepreneur can use the commercial name he invented for his other companies. However, there is a clear rule here: Only one name is used for one structural unit.
Other nuances of creating and using a commercial name are not reflected in legislative acts.
What to consider
There are no clear rules here, but we can formulate some recommendations, which will help create a memorable name for the individual entrepreneur.
The name should be easy to pronounce and write. It should be easy to remember and associated with the company’s activities. If the name is chosen correctly, then a potential client will immediately be able to understand what the company does.
At the same time, you should not overuse descriptive information in the title. For example, Glavbytkhiminvest is not the most best option for an organization selling household chemicals.
What to avoid
Use with caution foreign words. Be sure to check all possible meanings in a dictionary or seek help from an experienced translator. An ambiguous translation of the name may have a negative impact on the image of the organization.
Another important point– ideally, the website and company name should match. If you are planning to create a website in the .ru .or com segment, think about how easy it is to write a commercial name in Latin.
Right to use the company name
Any entrepreneur running a business can register a business name. However, other organizations have the right to use these names. To make your business name unique, register a trademark.
Keep in mind that previously the Ministry of Justice kept records of individual names of legal entities. However, to date this list has not been updated with new items. This means that formally there can be several companies with the same names. Priority goes to the one who previously submitted documents for registration.
Therefore, when developing a commercial name, it is best to strive for originality. This will make the company recognizable and help avoid legal confusion.
More information about the company name is in this video.
Today, more and more people are engaged in entrepreneurship. On the territory of the Russian Federation, becoming an individual entrepreneur is becoming easier and easier. To legalize his activities, an individual entrepreneur is obliged. Is it possible to give the IP a name? This question puzzles many entrepreneurs, since regulations do not provide specific guidance on this matter.
PR stunt or official name
Today the following are required to have an official name:
- legal entities;
- individuals registered as individual entrepreneurs.
Can an individual entrepreneur have a company name? This question is quite difficult to answer, since the question immediately follows - what name? The fact is that according to the law, an individual entrepreneur or legal entity, carrying out economic activity, there can be two names:
- official;
- commercial.
The first is indicated in the constituent documents and certificates with OGRNIP numbers, and the second is used to a greater extent for advertising. It follows from this that business companies and private businesses have the right to assign themselves an official and commercial designation.
Can an individual entrepreneur have a name that differs from its official data and is not contained in its constituent documents? Maybe. For these purposes, the concept of “commercial designation” appeared. In fact, the owner’s name is not particularly attractive large number customers who are accustomed to paying attention to bright and “loud” signs.
How to assign a name to an individual entrepreneur?
This question can be fully answered by Article 1538 of the Civil Code of Russia, which states:
- all commercial and non-profit organizations and individual entrepreneurs have the right to improve their financial condition have two names: official and commercial (additional);
- legal entities or individuals do not have the right to use several commercial designations for one business unit.
Thus, the unofficial name is not recorded anywhere. However, before giving a name to an individual entrepreneur, think carefully again about whether it is worth doing.
Finally legitimize beautiful name For individual entrepreneurs, creating your own logo or trademark will help. Remember that these attributes of entrepreneurial activity must be officially recorded in your constituent documents. Printing in this case is simply inevitable. The imprint of this business “accessory” must contain the full name of the individual entrepreneur, the place of implementation of his business activities, the Taxpayer Identification Number, and the logo. To get more detailed information an individual entrepreneur who does not want to engage in business under his own name must turn to 129-FZ.