Commercial name of the individual entrepreneur in the contract. How to register a company name for an individual entrepreneur: features of the procedure

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 Civil Code suggests that individual entrepreneurs in their activities can use commercial designations for personal characteristics and to indicate the ownership of various enterprises by them, which are not brand names.

That is, the essence is the following: all official documents will mention the full last name, first name, patronymic of the individual entrepreneur, and for a store, salon, or company a 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 perform all their functional duties, 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.

Registration and use procedure trademarks regulated by the norms of the Civil Code of the Russian Federation. In particular, state registration of 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 Rospatent submit an application and pay the 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.

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. The services of 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 retail outlets selling groceries 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 notices. 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” accessory 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

1. 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.
2. The name may mislead customers. A simple example: you cannot call a pharmacy “Beauty Salon”.
3. 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:

1. Receipt for payment of state duty.
2. Copies of the company's constituent documentation.
3. 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 registration process for individual entrepreneurs is regulated by 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, reference books and the 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 variants when you need a business name registration certificate:

1. For provision to third parties, for example when placing a sign.
2. 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 best option for an organization selling household chemicals.

What to Avoid

Use foreign words with caution. 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 is that 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.

At the start of his activity, and sometimes even several months after its start, an entrepreneur is concerned with many questions, the answers to which, except for a lawyer, are often not available to anyone. One of them - ? More and more people are choosing this registration form today. But, knowing that individual entrepreneurs are often called by the owner’s last name, some begin to doubt the correctness of their choice.

Indeed, a store with a name like “IP Ivanov” will not look very attractive. But we don’t see such signs, with the exception of departments in department stores and points in markets. Does this mean that stores, salons and other small organizations are registered as LLCs?

Not at all. Checks will help us quickly verify this. Go, for example, to cooking. Perhaps somewhere on the wall, in a not too conspicuous place, you will see a message that this is the “ownership” of an individual entrepreneur, plus the name of the individual entrepreneur himself. This is usually written on a sheet of A4 paper attached to the file. But there’s a different name on the sign!

On the check issued you will certainly find the name in which the business is registered. But the name, which colorfully alerts passersby that a culinary establishment is located here, most likely will not be there at all.

Even in large grocery supermarkets, whose names are known throughout the country, you can sometimes find an inscription on the receipt stating that the owner is. Most likely, this store is open as a franchise. The trademark and name are registered, the network exists, and a single point is open as an individual entrepreneur.

How to name an individual entrepreneur and how to formalize this legally?

It turns out that it is possible to legally combine the two names? Then the main thing – the one that is created for clients – will be resonant and interesting. And what is necessary for registration will remain only in the documents. But how to do that?

There is no secret to this. According to the legislation that is currently in force in our country:

The name of the individual entrepreneur is the full name of the owner; in fact, it is not some kind of company, but a designation of a specific person - an individual entrepreneur;

The name that customers see on the sign may be different, and this is not prohibited by law.

Simply put, if you are already registered as a legal entity and are opening a grocery store, there is nothing wrong with beautifully decorating the entrance, hanging a sign and giving an appropriate name that will be displayed on it. At the same time, there will be no problems with legislation in the future. What is listed in the documents is the name of the individual entrepreneur, and what is publicly visible is the commercial designation.

It turns out that you can call your business a “middle name” for visitors at your discretion. What kind of name it will be is up to you to decide. And to the question “ Is it necessary to legally register the name of an individual entrepreneur?“, the answer is simple: for the second one, it’s not necessary.

What to call an individual entrepreneur. Is it necessary to legally formalize the name of an individual entrepreneur?

However, there are exceptions: some names you will not be able to use. If there is already a company in the same direction with a similar name, and you decide to borrow it, you will actually use their brand for your own purposes. Of course, this may not be noticed for many months or even years, especially if you have a different design, but one day the legal owners of the name may find out about your business and decide to sue for a tidy sum.

To avoid this, you should find out in advance whether you risk getting into such a situation with your invented commercial designation. Thinking what to call an individual entrepreneur, be prudent.

Please also note here: you are breaking the law only if you use the name of a registered brand, trademark. If, for example, you have a flower shop “Romashka”, and on the other end of the city there is a similar one, but it is also just an individual entrepreneur, the situation is different. Do competitors with the same name have the same fictitious name and not listed in the papers as yours? Then you are not breaking anything.

If you want no one to use the selected name, you need to go through the procedure.

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.

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 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.

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:

1. 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.
2. A name that is a generally accepted concept cannot be registered.
3. Experts do not advise using too much descriptive information when naming a business.
4. 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.
5. 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 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.

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 it will save a lot 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;
• 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.

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.