Full name IP example. Can an individual entrepreneur have a name like an organization?

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? There have always been disputes and divisions of opinion around this issue. 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 its own 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 laconicism, 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 of the entrepreneur. The seal may also consist of a specific company logo, if one is provided and developed in advance by the founder.

(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 carrying out, for example, retail trade, 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 various 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 marks are then in different classes. In addition, if the 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).

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 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 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 has the right to open a bank account for conducting financial transactions, in addition, he can order the production of a seal for subsequent activities.

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Is it necessary to register a sole proprietorship name? This issue always causes controversy, so it is important to consider it in detail.

Legislation

1. Business entities may use commercial names. Such objects include a private entrepreneur. The commercial name is allowed not to be indicated in the unified state register or statutory documentation, in the opinion of the entrepreneur.
2. Before using the chosen name, it is important to make sure that it does not conflict with moral and ethical values ​​and norms.
3. The name chosen by the entrepreneur can be used for other companies that belong to the individual entrepreneur. Only one name can be used for one structure.

Registration of a company name for an individual entrepreneur

Every established company must have an official name, and a private entrepreneur is no exception.

The name of the businessman will be indicated in the constituent documents. In addition, most entrepreneurs want to have a commercial name that reflects the specifics of the enterprise’s activities, is bright or attracts customers.

Is it required?

Often the signs of a company (office, enterprise, etc.) contain one name, but a completely different one is printed on the receipt. What explains this difference?

This is due to the fact that potential buyers are not attracted to the company name in the form of the last name, first name and patronymic of the manager.

That is why, in addition to the personal information contained in the documentation, you can come up with another name.

Is this required? No, having another name as an individual entrepreneur is not a prerequisite for a businessman to carry out activities.

He can use a different name that is not consonant with his full name, at his own request.

Options

There are many options for company names.

• attractiveness to potential clients;
• memorability, brightness;
• brevity and originality.

Some entrepreneurs pay special attention to developing the name of the establishment - they turn to specialized companies for help.

The latter not only come up with a suitable name, but also order the development of the story.

This attracts attention from buyers, which increases traffic or the number of orders.

To choose a name for an establishment, you will need to indicate the main nuances of the chosen direction, the activities of competitors, and demand parameters.

Some individual entrepreneurs turn to specialists for help for a fee.

This is necessary for beauty salons, gyms and other similar establishments. If you plan to open a retail outlet located in a market area, there is no need to come up with an interesting name.

Right to use the name

Each subject of economic relations taking part in economic activity can register its own name.

List of subjects:

1. Joint stock companies of any type - closed and open.
2. Limited partnerships.

The constituent documentation of the individual entrepreneur must indicate the full name of the businessman without abbreviations. Personal information acts as a kind of name for the established company, since it is an official designation.

The chosen business name can be used by other individual entrepreneurs. If you want to have an individual name, then you need to register a trademark.

Procedure

To register the name of an individual entrepreneur, you will need to go through a special registration procedure.

Experts note that it is difficult for ordinary businessmen, so it is best to seek help from professionals in this field.

Thus, registration is impossible if the name:

1. Completely or partially (70%) coincides with a mark already registered. To obtain information on this issue, it is enough to leave a request to Rospatent to verify the selected name. If it does not pass, then the reason is given in writing.
2. If the chosen sign is likely to mislead buyers or clients. For example, a beauty salon cannot be called “Car Repair Shop”.
3. The mark includes the full names of government bodies, services, inspections or their abbreviated names.

If the chosen company name for an individual entrepreneur does not conflict with the provisions listed above, then an application for registration of the mark is submitted.

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 a legal entity carrying out economic activities can have 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 full name will not particularly attract a large number of 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 says:

• all commercial and non-profit organizations and individual entrepreneurs have the right to improve their financial condition to 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.

Creating your own logo or trademark will help you finally legitimize a beautiful name for an individual entrepreneur. 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 his business activity, the Taxpayer Identification Number (TIN), and the logo. For more detailed information, an individual entrepreneur who does not want to engage in business under his own name should refer to 129-FZ.