Is it possible for an individual entrepreneur to have a company name? Is it possible to give an individual entrepreneur a name other than his full name?

21.09.2019

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 surname, 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 beauty beautiful name, 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.
Several business entities 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, it is not a company name.

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 indefinitely.

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

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Can an individual entrepreneur have a name and logo?

Can an individual entrepreneur have a name like an organization? What actions must an individual entrepreneur take to register a trademark and what are the peculiarities 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 have 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 this 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 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 of a dispositive 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 is the name of the individual entrepreneur necessary? 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 subject economic activity has the right to have its own name, recorded in the constituent documents. Such entities include:

commercial organizations and IP;
non-profit organizations.

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.

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

How can you name your individual entrepreneur company: naming options

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To find the answer to this question, you must first 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

In the Civil Code of the Russian Federation and Federal law No. 14-FZ dated 02/08/98 “On companies with limited liability» the following requirements are stated:

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 (the 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 the 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 the 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

(IP) is an individual who is legally registered to conduct business activities. If an LLC (limited liability company) is a legal entity whose founders are allowed to independently choose the name of the company, then an individual entrepreneur does not always have this opportunity. The generally accepted name of an individual entrepreneur consists of the full surname or full name of an individual, preceded by the abbreviation “IP”, for example, “IP Sidorov Ivan Petrovich” or “IP Sidorov”.

Please note that when implementing, for example, retail, an individual entrepreneur also has the right to install a “Spare Parts” or “Products” sign on his store. This will not be considered an offense, since these words are well known and are indicated to inform buyers about the types of goods offered for sale here. In this case, the full name may sound like “Products (IP Sidorov)”.

Like an LLC, an individual entrepreneur can register a trademark for itself in the form of a verbal designation or a logo. Thanks to trademark registration, an entrepreneur can individualize himself in a particular area of goods and services, becoming recognizable in society. This designation of individual entrepreneur can be freely used in business activities. At the same time, it will be necessary to indicate the details of the individual entrepreneur when concluding agreements with counterparties and in other official documents: “The Solnyshko grocery store, represented by the individual entrepreneur Sidorov, entered into an agreement with...”.

Helpful advice

Come up with a unique name for your own trademark. It should not overlap with the names of existing enterprises and at the same time copy them. Otherwise, copyright holders will definitely make justified claims against you.

The success of the product itself in the market sometimes depends on how well the name is assigned to the trademark. The competent choice of such a name is a relatively difficult legal and psychological task.

Instructions

Trademarks and service marks are registered in so-called classes, corresponding to the types of goods produced and services provided. Remember that a mark cannot be registered in a particular class if another mark with the same or similar name was previously registered in the same class. The following is indicative: the developers of the ICQ program, having decided at all costs to name their company with any female name, searched on the Internet for other companies with names representing different female names. There was not a single company in the world called Mirabilis, and they had to name their company that way. Don't repeat their two mistakes. Firstly, the search must be carried out not in conventional search engines, but on the website of the organization that registers trademarks and service marks. Secondly, they did not know that a mark with the same name (but a different graphic style) can still be registered if the existing and new signs after that they will be in different classes. In addition, if a product or service is not intended to be exported, it is sufficient that a similar mark is not registered at least in the country of origin.

If the product or service is still intended to be exported, find out whether the item of export will have to be renamed in some markets. It is possible that in at least one of the countries someone has previously registered a similar mark in the same class. It was for this reason that Sega supplied its game consoles to the United States under the name Genesis, and not Mega Drive, as in all other countries of the world. Now try to independently answer the question why Siemens does not supply its wired telephone sets under the name Euroset to Russia at all (but supplies Gigaset wireless brands).

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

Is it possible to assign a name to my individual entrepreneur, do I need to register it?

In accordance with the legislation in Russia, the official name of an individual entrepreneur is the combination of this abbreviation with the last name, first name and patronymic. No other word or combination can be used for this.

This 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 exclusively an individual. Therefore, it is impossible to register a company name for an individual entrepreneur.

Naturally, in official documents, including on checks and invoices, only an individual entrepreneur has the right to indicate in combination with his last name, first name and patronymic. However, in order to gain individuality, a business owner can name a store or place of service 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 registration documents. The name is used solely to identify the place of business. When organizing a network of business objects, an individual entrepreneur has the right to use one name to designate them.

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

Registering a trademark helps achieve the following goals:

combine objects owned by a businessman (shops, hairdressers, etc.);
stand out among competitors;
build your own recognizable brand.

It turns out that the question of what to call an individual entrepreneur sounds incorrect. It is more correct for an entrepreneur to choose the name of a retail outlet or other facility in which the activity is carried out.

If an entrepreneur chooses non-proprietary 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. This name will quickly be remembered and will be easily passed on from person to person. In the end, it will be clearly associated with a specific entrepreneur. Complex abbreviations and phrases cannot become a high-quality name.
A name that is a generally accepted concept cannot be registered.
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 activities will expand, it is not recommended to use a link to a specific geographical area or product in the name.
It is also advised to refrain from using first and last names, words with ambiguous interpretation.

You should be careful when using foreign words. They should sound adequately in Russian. It is worth carefully studying the translation of the resulting name, possibly with the assistance of a specialist. Dual meaning can tarnish the reputation of a businessman.

It is important to keep in mind that other organizations have the right to use any name. Today government agencies There is no list of names. Therefore, there is no point in checking the presence of the selected name in the registry. However, you should always strive for uniqueness. This allows for business recognition and helps clients uniquely identify the company.

They say: whatever you name the ship, that’s how it will sail. The same can be said about a store opened by an individual entrepreneur. The name should be sonorous, memorable and understandable. But here the question arises: is it necessary to register the name of the store? This is not necessary.

But if an entrepreneur comes 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 copyright 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:

a receipt for payment of the appropriate fee;
an application requesting to register a service mark, which must include information about the entrepreneur;
the name to be registered 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 the service mark. The right of exclusive use is valid for ten years; after its expiration, it can be extended an unlimited number of times.

If an individual entrepreneur wants to record the uniqueness of the company name he uses, he can register it. In this case, only a specific entrepreneur will be able to use the trademark name in his activities.

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

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

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

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

the chosen name misleads potential customers;
name in part or in in full coincides with the previously registered one;
the chosen name includes the designation of a government agency.

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 particularly enterprising citizens register a name. They can sell it later. Moreover, the cost of especially interesting specimens reaches tens of thousands and even more.

Do not forget that conducting business under an already registered name can lead to unpleasant consequences. The owner of such a trademark has the right to go to court. If the decision in the case is made in his favor, the entrepreneur will be fined.

By law, the name of an entrepreneur includes the last name, first 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.

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?

What are the advantages of using a commercial name:

a successful marketing move. As practice shows, many consumers, in particular women, pay special attention to the names of salons and stores, so 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.

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 the 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;
limited liability companies;
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.

The legislative framework

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

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

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

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

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

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

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

Some entrepreneurs spend large amounts of money on brand name development services from advertising and naming agencies that generate memorable and appropriate names for their businesses.

A beauty salon, clothing store, hairdresser, gym simply must have its own name.

If you are going to open a retail outlet in the market, invent and prescribe original name not necessary.

Options for using a commercial name

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

But an individual entrepreneur does not have the right to assign a company name to himself, since he is an individual who has a full name.

You can take a surname that reflects the specifics of the service provided (for example, the beauty salon “Catherine the Great”).

But who would want to change their personal data for the sake of such a pun?
When registering a trademark, the letterhead will contain a specially designed logo, and its data will be written below - IP Ivanov I.I.

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

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

Right to use the company name

It is prohibited to use a commercial designation that may misinform or mislead regarding the affiliation of a company, confusingly similar to a name, trademark, logo, protected by law, which belongs to a third party.

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

The right to use a brand or logo can be used by another person in the following cases:

under the terms of succession;
according to 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, it is necessary to officially register it.

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

Let's look at 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 such a 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 with Rospatent is small, but such a name can be sold for a large sum.

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

Can an individual entrepreneur have a name?

Beginning individual entrepreneurs should know that their business differs in many formal respects from a business in the LLC format. You can read about all the differences between these two organizational and legal forms in the article “Individual Entrepreneur or LLC - What to Register.” At the moment, we are interested in the fact that an individual entrepreneur cannot independently decide what 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, Sergei Ivanovich Nuzhdin, according to all documents, will be identified as “IP Nuzhdin Sergei Ivanovich”, and not “Chistota-Service”. There's nothing you can do about it.

If in the Unified State Register legal entities register the company name of the LLC, it is impossible to find the company name of the individual entrepreneur in the register of individual entrepreneurs; they are registered only by last name.

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

Do I need a sole proprietorship name?

On the receipt 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 his last name? Is this not against the law?

Indeed, in many areas of activity entrepreneurs cannot do without names. The store owner definitely needs a sign like “Products”, “Gym equipment”, “Clothing”, “Toys”. To advertise your computer service, you need a catchy name. Here a commercial designation comes to the aid of an entrepreneur, which is what the above examples of individual entrepreneur names are.

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

An entrepreneur has the right to use it to individualize several objects of commercial activity - then, for example, the name of the individual entrepreneur’s 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 legally is also not the corporate name of the individual entrepreneur, but allows him to distance himself from competitors and build a brand.

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

In this case, along with the commercial name, the full name of the individual entrepreneur must always appear. The contracts indicate the persons who concluded it, and in the case of an individual entrepreneur we are talking about an individual.

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

So, an individual entrepreneur may have a name in the form of a trademark or service mark. It is permissible to use verbal, pictorial, volumetric or other designation as it. 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 represents the generally accepted name of a product (for example, the TV brand “TV”).

It is prohibited to include information about the object's function in the name.

Trademark registration is one of the services of Rospatent. It is necessary to submit the appropriate application to this body, having previously paid the state fee. List of documents for registration of a trademark/service mark:

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 presented in the application;
description of the designation, which is intended to clarify it and reveal its conceptual content;
a list of goods/services for which the individual entrepreneur requests trademark registration.

Now directly about how to register the name of an individual entrepreneur. An individual entrepreneur can submit documents either independently or 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 requires the submission of original documents subsequently). There is also the option to resort to digital signature.

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 individual entrepreneur’s name in the form of a trademark (service mark) or a decision to refuse registration is made after an examination of the designation’s compliance with the requirements of the Civil Code. ABOUT possible reasons refusal should be found out from Art. 1483 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 certificate for the trademark.

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

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

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

But it is worth carefully understanding this issue.

Is it possible to assign a name to my individual entrepreneur, do I need to register it?

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 business objects, an individual entrepreneur has the right to use one name to designate them.

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

Registering a trademark helps achieve the following goals:

combine objects owned by a businessman (shops, hairdressers, etc.);
stand out among competitors;
build your own recognizable brand.

What are the requirements for a name?

If an entrepreneur chooses non-proprietary 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. This name will quickly be remembered and will be easily passed on from person to person. In the end, it will be clearly associated with a specific entrepreneur. Complex abbreviations and phrases cannot become a high-quality name.
A name that is a generally accepted concept cannot be registered.
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 activities will expand, it is not recommended to use a link to a specific geographical area or product in the name.
It is also advised to refrain from using first and last names, words with ambiguous interpretation.

It is important to keep in mind that other organizations have the right to use any name. Today, government agencies do not maintain a list of names. Therefore, there is no point in checking the presence of the selected name in the registry. However, you should always strive for uniqueness. This allows for business recognition and helps clients 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:

a receipt for payment of the appropriate fee;
an application requesting to register a service mark, which must include information about the entrepreneur;
the name to be registered 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:

It should be kept in mind that trademarks are used within certain classes. They combine a specific type of product or service. It is not possible to 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 contain names that have not been registered anywhere.
If an entrepreneur plans to export his goods, he must check whether there are unique rights to a similar name in the relevant country. Only if it is absent, the trademark can be used for export. At the same time, the presence of such a name as the individual entrepreneur wants to register in the official register of another country is not an obstacle to undergoing the corresponding procedure in Russia.

In addition to following the rules above, it is important to ensure that the trademark complies with legal requirements. 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 a name or trademark will not be registered:

the chosen name misleads potential customers;
the name partially or fully coincides with one that has already been registered previously;
the chosen name includes the designation of a government agency.

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 particularly enterprising citizens register a name. They can sell it later. Moreover, the cost of especially interesting specimens reaches tens of thousands and even more.

By law, the name of an entrepreneur includes the last name, first 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

Company name of the individual entrepreneur

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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 that 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 individual entrepreneur plays an important role in business development.

The need to register a business name

By law, any individual entrepreneur 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 distinguish himself from his competitors with all his activities. This will allow you to stand out in the market and attract potential customers faster.

Achieving these goals and successfully solving marketing problems is possible only after registering one of the following individual differences:

corporate name of the individual entrepreneur;
trademark;
brand;
informational and colorful logo.

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

They try to make it informative, attractive, and memorable. It should be easily recognized by potential clients.

Using a correctly chosen brand name allows you to solve the following problems:

First of all, this is an excellent marketing ploy. Modern Russian legislation provides for names for individual entrepreneurs, which must reflect the surname and initials. The form of such a name is as follows: “IP Full Name”. However, the law does not prohibit or restrict individual entrepreneurs from choosing brand names that allow them to promote their activities in the market. Therefore, an individual entrepreneur may have a name. You can come up with a good and attractive name for a store, hairdresser, or beauty salon. In this case, active and passive advertising spreads much better.
It is easier to organize and conduct an advertising campaign. A beautiful, sonorous name stays in the ear faster and longer. Owners of well-known brands, which are based on the owner’s first or last name, do not always agree with this. A common situation is in which the first name, last name, and patronymic of an individual entrepreneur arouses genuine interest rather than a meaningless abstract name. It’s easier to search for individual entrepreneurs by name.
An abstract name creates good conditions anonymity. This can be very convenient in cases where unfair competition is being waged against an individual entrepreneur. Hired employees will not be able to help such competitors in solving their unscrupulous tasks.

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

to provide permission to perform certain tasks to authorized persons;
for conducting advertising campaigns, participating in exhibitions, presenting their products at competitions. This will eliminate possible disagreements and eliminate problems in the field of copyright.

Legal registration of a business name

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

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

Unlike the name of a firm, company, or organization, according to existing legislation, an entrepreneur is not required to mark the selected 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 individual entrepreneur’s store, points Catering and so on.

The rules for choosing and the procedure for using brand names are regulated by articles of the Civil Code (in particular Article 1538). After receiving permission to conduct commercial activities as an individual entrepreneur, the applicant has the right to develop and use his own individual commercial name. It must be remembered that one object can be assigned one name.

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

After registration, it is allowed to be placed on the entrepreneur’s seal. In addition to this, the seal must contain the full name of the individual entrepreneur and the place where the main activity is carried out.

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

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

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

The Ministry of Justice maintains a complete record of registered individual names. Frequently encountered name of individual entrepreneurs, examples of widespread names: cafe “Lira”, beauty salon “Perfection” 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 sole proprietorship name

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

individual words, a set of words, an abbreviation in Cyrillic or Latin;
artistic image: drawing, graphics, printmaking, set of symbols;
three-dimensional image.

The list of acceptable options for names, trademarks, and 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: a brand of refrigerator cannot be called “Refrigerator,” and a new iron design cannot be called “Iron.”

When choosing a business name for your individual entrepreneur, you should remember that such names are divided into two categories. First category – official names, the second is commercial names.

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

Making it memorable individual name, sign, logo you can trust specialized organizations. Their experienced so-called “naming” specialists will always help.

It should be remembered that the services of professionals in this area are expensive. However, the investment will be worth it.

A well-chosen individual commercial name of an individual entrepreneur will create a positive image, increase the flow of customers, increase sales volume, and therefore profit.

Is it necessary to register an individual entrepreneur's name? It is necessary for several reasons:

Firstly, going through this procedure allows you to make sure that the chosen name does not contradict all established standards (legal, moral, ethical).
Secondly, it will be possible to understand and clearly track what effect an individual name gives. How many additional clients have you been able to attract and how quickly your profits are increasing?

There are a number of reasons that may 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 refer to the Rospatent name database at the preparatory stage.

Specialists of this organization will determine the originality of the chosen name. If registration is not possible, a written refusal of registration will be sent indicating the reason for the refusal. The legislation details the restrictions imposed on business names.

Having completed necessary requirements, you can apply to register an individual name. An official application is made. A package of required documents is attached to this application. He is sent to Rospatent.

You can submit an application yourself. If this fails, you can entrust this procedure to any trusted person: your representative, relative, employee.

The list of documents to answer the question of how to register a business name is as follows:

application to Rospatent of the established form;
a receipt indicating payment of the state duty;
copies of documents confirming registration of individual entrepreneurs;
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 integrity of the entrepreneur. Avoid: confusing terms, unclear phrases, geographical names.

You need to be careful when choosing foreign words.

Before use, if exact value the word is unknown, be sure to check all translation options and possible interpretations in dictionaries and draw analogies with other languages.

Incorrect use of foreign words, expressions, phrases can negatively affect further regard to 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 differentiate it from competitors' products. Legally, a trademark cannot be considered a company name.

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

commonly used to refer to individual goods or a group of goods;
are already registered generally accepted marks;
denote distinctive features the product being presented;
indicate the form and individual functions of the product.

The process of registration and issuance of permits for the use of trademarks in the territory Russian Federation is 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 the state duty.

To register your trademark you must submit:

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

If you plan to register not one, but several trademarks, then it is necessary to prepare a package of accompanying documents for each mark. When submitting each package of documents, a state fee 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).

If a positive decision is made, the trademark is registered and a corresponding certificate is issued. Its description and graphic image are placed in the trademark register.

The entrepreneur receives written notification of a positive decision.

Its validity period does not exceed 10 years. After completion of this period, the entrepreneur has the right to renew. The number of renewals can be as many times as necessary for commercial activities.