If you are going to organize a commercial enterprise, remember that it must have a corporate name, which always consists of a legal form and a “name” itself. This name distinguishes one company from others.
Components of a brand name
As stated above, the name consists of several parts.
- First part– main – speaks about the type and activities of the company, characterizes its legal direction. Sometimes this part may indicate some other nuances. Example: limited liability company.
- Second part is a special designation for an organization. It is also called auxiliary. This is precisely why enterprises differ from each other. This part includes a mandatory and an additional component. The required addition is a “name”, number, geographical location or other designation. For example, a common name is Vernissage Limited Liability Company. The second part of this title is “Vernissage”. But this part can consist not only of one word, but also have additions such as “universal”, “regional”, etc. An example of the second part with additions: “Universal trading house “Golden Ring”.
Example of a full corporate name: Closed Joint Stock Company "Central Moscow Leasing Company". Its components are:
Types of organization names
Article 1473 of the Civil Code of Russia in paragraph 3 indicates that an enterprise is allowed to use up to six types of names:
- One in full and one in abbreviated form in Russian.
- One in full or one in abbreviated form in any language of the peoples of the Russian Federation.
- One in full and one in abbreviated form in a foreign language.
Attention! The only mandatory option for any organization is the option of a full company name.
The abbreviated name contains an abbreviation of the legal form, as well as the name of the enterprise itself (full or abbreviated). Examples of a company name:
Restrictive nuances when compiling a name
According to Art. 1473 of the Civil Code of the Russian Federation, paragraph 4, do not include the following verbal designations in the title:
- Names of other countries, both full and abbreviated. Derivatives from them cannot be used either.
- Names of state authorities, federal bodies, local government services.
- Names of public organizations.
- Names and designations that contradict the norms of public morality.
Without special permission, it is prohibited to use the words “Russia” and “Russian Federation”, derivatives from them. Only the Ministry of Justice of the Russian Federation can authorize their use.
You can get this opportunity if:
- the organization has representative offices in most of the constituent entities of Russia;
- the organization is one of the largest tax payers;
- the company is an economic entity, a leader in the market for a particular product, or has a market share of this product of more than 35 percent;
- the state of the Russian Federation owns more than 25 percent of the voting shares (or authorized capital) of a business entity.
You also cannot use the names of cities, the words “Olympic” and other similar words, including derivatives from them.
It is possible to use the name of the city in the name in case of special permission to use state symbols.
You can use foreign words in the name of the organization in Russian format. But from them it is impossible to use terms that reflect the organizational and legal form. Important! Words must be in Russian transcription only.
Example. The name “Open Joint Stock Company “Metal Steel”” is incorrect. That’s right – “Open Joint Stock Company “Metal Steel”.
Certain types of activities must also be indicated in the name. This is mandatory for credit, pawnshop and other organizations.
Maintaining uniqueness when choosing a name
Paragraph 3 of Article 1474 of the Civil Code of the Russian Federation states that it is impossible to use a company name that is identical to the company name of another legal entity or confusingly similar to it if:
- organizations are engaged in similar activities;
- the name of your company was included in the Unified State Register of Legal Entities later than the name of another.
Since 2002, the tax office has not checked the uniqueness of the planned name of the organization. But, despite this, there is always the possibility that a company with the same name, but registered earlier, may sue you. Therefore, check the uniqueness on special resources on the Internet. In particular, this can be done on the tax service website.
Registration of the name of a legal entity
When a unique name is chosen for your company, it can be registered in the Unified State Register of Legal Entities. This happens during the registration of the organization itself. From this moment on, the right to a company name arises.
Remember that only one business name is registered per person.
How to protect your business name
To strengthen the legal protection of a company name, it is recommended to register the company name , as a trademark.
Trademark is a special designation that individualizes a product or service. Most often it is expressed in verbal or visual form.
Therefore, it is better to choose a name for the enterprise that can be registered as a trademark. Thus, in case of disputes, it is easier to protect your rights to the name. On the one hand, the name is protected as a patented trademark, on the other – as a trade name. This is a kind of double protection.
Example. The well-known largest Japanese company that produces electronics and watches “Citizen” has the same verbal designation, both in the company name and in the trademark.
When registering a business name as a trademark, the owner of the rights has the following advantages:
- Unlike just a company name, a name that is registered as a trademark can be disposed of: sold, transferred as an inheritance, pledged, or provided for use. The copyright holder can do this on a commercial basis.
- The owner of this type of name may prohibit the use on the Internet of a domain name in zone.ru, which is similar to his company name.
- Competitive legal entities can be prohibited from using a trademark not only in court, but also in pre-trial proceedings. This is done by contacting law enforcement or antimonopoly services, as well as the patent office.
- To prevent the import of counterfeit products from abroad that are produced under the trademark of the copyright holder, you can enter the trademark into the customs register.
The legal owner of the rights can always demand from the violator compensation for losses incurred due to the illegal use of a brand name that is registered as a trademark.
To avoid confusion, let us briefly draw your attention to the following fact: it distinguishes the products of one company from the goods of another, while a brand name distinguishes the organization itself from its competitors. We will describe below how to register a business name of a legal entity.
General facts
Anyone who has once had to register an enterprise knows firsthand how to register a company name or, in other words, patent a company name. For a legal entity (LLC, CJSC, JSC), this procedure is mandatory (Article 54 of the Civil Code of the Russian Federation). Only one name is allowed per organization.
For a legal entity, the procedure for registering a name is mandatory.
You cannot register a business name that is identical to the name of the legal entity conducting this business. The transfer of the exclusive right to a company's corporate name is not allowed, that is, it is impossible to transfer it for use to third parties (Article 1474 of the Civil Code of the Russian Federation).
Stages of registration
To increase the level of legal protection of a brand name, it is widely used. Such an action has a number of advantages for the copyright holder. Registration procedure with Rospatent:
- Preliminary on the databases: is it occupied by other legal entities (carried out to exclude cases of plagiarism).
- Submitting an application to FIPS.
- Formal verification of the declared designation (the completeness and relevance of the information provided is assessed).
- Direct (compared with existing registered logos).
- Obtaining a certificate.
Today, a brand name is a significant indicator of the level of business in the market. By the name of the company they recognize the product, form an opinion about it, and make decisions about cooperation. No entrepreneur wants the name of his company to be used by other organizations. Therefore, before registering, check it for uniqueness.
The name of a legal entity includes its name, an indication of a specific organizational and legal form. It allows you to distinguish a legal entity from the total mass of existing business structures. The main function follows from the above - the separation (individualization) of a legal entity from other participants in the existing civil turnover.
Under a company name, they acquire, exercise both property and non-property rights, assigned responsibilities, and also act as a plaintiff (defendant) in court and, of course, engage in certain activities.
Corporate name of a legal entity: registration
It is established by the founders of the company during the approval of the constituent documents. Under the chosen name, the legal entity is included in the corresponding state register. Its use does not require additional registration or official permissions, since it already goes through this procedure with all available documents during the registration of the company itself.
Definition of the concept in question
The corporate name of a legal entity is a means of individualization of legal entities (commercial), which represents the name of the company. Any commercial legal entity has it. This is precisely the distinctive feature of the latter. For example, a trademark can belong only to persons who have registered it in a certain manner. As for a commercial designation, it requires, at a minimum, the presence of a real estate property. Names of places of origin may even be rare.
It is worth noting that non-profit organizations and individual entrepreneurs do not have the right to it. The name of such organizations, one might say, is preserved by law, but the courts most often refuse to protect the right to it.
It should be said that the corporate name of a legal entity consists of three parts, two of which are mandatory, and the third is optional.
Parts of the corporate name of a legal entity
The specifics of their application are defined both in our Civil Code and in a number of other laws. These include:
1.Company body– a mandatory component that indicates the legal form of the legal entity. There is both a full name of a legal entity and an abbreviated one.
In the first case, this includes:
- limited liability company;
- state unitary enterprise;
- Joint-Stock Company;
- production cooperative;
- general partnership;
- economic partnership.
In addition to the full version of the body of the organization, the abbreviated name of the legal entity is also used. It can be: MUP, LLC, State Unitary Enterprise, JSC. The body must always correspond to the actual organizational and legal form of the legal entity.
2. The addition includes 1 required element - the name of the company, for example "Beeline". There is also an optional element indicating the scope of activity of the legal entity, for example, “insurance company”. It is not necessary to use it, in some cases it is even prohibited. In particular, a legal entity that does not have a general license from the Central Bank of Russia does not have the right to use the word “bank” (and its derivatives) in its corporate name, since otherwise this may mislead consumers.
Brand name: exclusive right to it
It arises from the moment of state registration of a legal entity (commercial). This applies only to Russian organizations. The rights of foreign companies arise on the basis of foreign legislation, the norms of which are quite diverse. Thus, there are countries in which the right to a corporate name of a legal entity arises due to the beginning of the use of a means of individualization, and not registration.
Despite this, simple registration of a legal entity is not enough to create an exclusive right regarding the name in question. It depends on two additional circumstances: the name cannot contradict the law, the name of the legal entity must have minimal distinctiveness.
Our legislation prohibits the use of the following in the name:
- official names of existing states, including derivatives from them (for example, JSC "France");
- names of municipal and state authorities (for example, Prosecutor General's Office LLC);
- names of all public associations;
- names of international, intergovernmental organizations;
- indications of certain types of activities in the absence of special permission (for example, stock exchange, bank, etc.)
- designations that are contrary to morality and morality.
How to protect a company name?
According to popular opinion, based on the restrictive explanation of Art. 1474 of the Civil Code, it is only prohibited for other legal entities that were founded later to use someone else’s company name in their own. Nowhere is it prohibited to use this means of individualization in any other way. But in reality, this right is much broader in scope. Its violation is the use of a designation by another entity that carries out similar activities.
As a rule, the following methods of protecting the name in question are used:
- prohibition of using a designation similar (identical) to a company one;
- compensation for losses caused by its illegal use (this method of defense is used quite rarely, since it is difficult to prove the real amount of losses in court);
- the requirement that the name of the legal entity encroaching on the exclusive right be changed;
- recognition of the invalidity of the legal protection of a specific trademark.
Typical forms of violation of the right in question
There are at least four of them:
- registration of a legal entity with an identical (very similar) name, carrying out similar activities (entrepreneurial) with it;
- use of the name in advertising, domain name, documents issued by the entrepreneur;
- registration, use of a trademark identical (very similar) to the company name;
- use of a similar commercial designation.
Distinctive features of a brand name from a trademark
Both are means of individualization, which are often used in the same way: on packaging, signs, advertising, documentation, and websites. The copyright holder has the right to prohibit their use in these same ways.
In practice, quite often the same word can be protected both as a trademark and as a trade name. But the distinctive features are also significant. For convenience, all information should be presented in table form.
| Comparison criterion | Trademark | Brand name |
| Moment of occurrence | special registration | registration of a legal entity |
| Possibility to dispose of the right | ample opportunities | absent |
| Individualization object | goods, services, works | commercial legal entities |
| Territory of coverage | Russia | all states party to the Paris Convention |
| Valid elements | verbal, volumetric, visual, audio | exclusively verbal |
| Registration fee | 30.4 thousand rubles. – minimum patent fee | identical to the cost of registering a legal entity |
| Compensation in case of violation of rights | 10 thousand rubles. – 5 million rubles. or 2 times the cost of the license or counterfeit | absent |
Changing the name of a legal entity
We can say that this is a set of procedures for adjusting the information contained in the constituent documentation, internal legal documents of the company, with subsequent notification of government agencies, your bank, your clients, and partners.
In this regard, changing the name of a legal entity is not carried out often, and justified goals must be formulated to carry out this procedure. As a rule, this is a radical change in the core activity; for example, a trade name is inappropriate in the construction industry. Another common goal is to reach a larger (international) level of trade, which will require a name in another language (foreign).
List of conditions provided for by law that must be observed when choosing the name of a commercial establishment
Approval of the name of the legal entity will be required if it contains the name of the city, state (ours, foreign), or derivatives from them. For example, “Russian Vegetarian Club”: here, in order to use the word “Russian”, it is mandatory to contact the Government and obtain the appropriate permission.
As a rule, state enterprises (unitary) have such names in order to indicate their belonging to the state (a specific city).
The name of the legal entity must also comply with existing principles of humanity and morality that do not contradict the interests of civil society.
When choosing a name, you should definitely take into account those options that have already been registered. A duplicate name is not a basis for refusal of state registration, but it is worth remembering that the copyright holder of a similar name, registered earlier, has the right to make claims of both a property and non-property nature against the legal entity that borrowed the name.
What is the importance of the location of a legal entity?
The most important thing when resolving issues of procedural and substantive law. The location of the legal entity determines which court has the right to resolve the dispute (the rule regarding the jurisdiction of civil cases: all disputes are resolved at the location of the defendant legal entity), what legislation should be applied to a dispute complicated by the participation of a foreign element, what should be regarded as the place of conclusion of the contract , fulfillment of obligations.
If previously the location of a legal entity was considered to be where its permanent body was located (directorate, board, etc.), now this is the place where it was registered.
Conclusion
This article explains that the corporate name of a legal entity is a means of individualization, representing the name of a commercial company. It consists of three parts: two mandatory and one optional. This name appears at the time of its state registration. A clear justification will be required to change it. To use city or country names in it, appropriate permission is required.
A fundamental decision was made to create our own LLC, a business plan was developed, and funds were found for initial investments. All that remains is to choose a suitable name to the delight of your friends and the envy of your competitors. With all the freedom to choose a company name, certain restrictions and requirements exist. Future company owners should know what to consider when choosing a name. Let's consider how the issue is regulated on the basis of the legislation in force in 2018.
Name of the legal entity
The name of the organization serves to identify it in the market. The name is the company’s brand; it is designed to attract attention and inspire trust on the part of clients and counterparties, and evoke positive associations. When choosing, you should avoid established cliches and memes with a negative connotation. This fully applies to slogans practiced by many entrepreneurs.
The company name should not cause negative associations
General requirements
The general obligation of each legal entity to have its own name is established by Art. 54 Civil Code. Specific requirements depending on the type of organization being created are given in the relevant special acts. In our case, this is the law of 02/08/1998 No. 14-FZ “On Limited Liability Companies”. A single obligation for all legal entities is to indicate the organizational and legal form in the name. In relation to organizations carrying out certain types of activities, there is an obligation to indicate this type in the name. This applies to the following organizations that can be formed in the form of an LLC:
- credit (banks and non-bank credit organizations - Rusfinance Bank LLC, Zemsky Bank LLC);
- insurance (Volga Insurance Alliance LLC, Renaissance Insurance Group LLC);
- stock exchange (JSC St. Petersburg Stock Exchange, CJSC MICEX Stock Exchange);
- specialized financial companies operating in the securities market;
- pawnshops (Lombard-Invest LLC, Lombard No. 1 LLC).
The brand names of companies carrying out certain types of activities must necessarily contain an indication of such activity.
It is mandatory to indicate the type of activity in the names of non-profit organizations (mortgage fund, trade union of trade workers, association of beer lovers, etc.).
Full and short name of the LLC
The law establishes the obligation of a company to have a full name in Russian. In relation to commercial organizations, the term “Brand Name” is used. Assigning a short name is the right of the founders, used in the vast majority of cases.
The full name usually includes the words “Limited Liability Company.” It is inconvenient to use such a long name on a daily basis. Moreover, the numerous standard forms that invariably accompany any business activity (invoices, orders, receipts, etc.) may not provide enough space to include the full name of the company. Thus, in the sick leave sheet in the column “Place of work - name of organization,” 29 cells are allocated for the name of the employer, while the full designation of the legal form of LLC consists of 37 elements without spaces.
Some standard forms do not provide the ability to completely enter even the organizational and legal form
The abbreviation LLC is common and well-known, so when choosing a short name, the name of the form is first abbreviated. The use of LLC as an abbreviation of a legal form is also permitted in its full name.
If the personal name consists of one word, then there are few options for an abbreviated name. Limited Liability Company "Voskhod" in short form will look like LLC "Voskhod". Names consisting of several words are abbreviated in three ways:
- an abbreviation from the first letters of each word (Unified Consumer Protection Service - ESZP, Volga Carpet Center - PKTs);
- the use of several initial letters or first syllables (Electronic communication systems - Elsis, Legal company "Justice" - YurikomP);
- the use of initial letters, syllables and the introduction of a new syllable or word that reflects the specifics of the company or demonstrates its position in the market (City Rapid Delivery Taxi Service - GorMigTaxi, Urgent Correspondence Delivery Service - BystroKorr).
The writing of capital letters within the name, the rearrangement of syllables and letters is done at the discretion of the author based on the euphony and satisfaction of external perception.
The name in the form of an abbreviation should exclude dual perception: The Cartographic Factory of the All-Russian Geological Institute cannot boast of this
There are no requirements for identity or direct connection between the full and abbreviated names, but the use of completely incompatible and mutually incompatible names is inappropriate - clients and counterparties should easily perceive both options as belonging to the same person.
When selecting an abbreviated version, it should be taken into account that subsequently it may be necessary to register a trademark in which it is preferred to use the abbreviated name.
Name selection and approval
The main name is the full name in Russian. In total, a commercial company has the right to have up to six company names, one full and one abbreviated as:
- Russian language;
- the national language of the peoples of the Russian Federation;
- foreign language.
Officially, the name of the company appears at the stage of making a decision to establish a company. The decision is made by the founders unanimously or by the sole founder and is the start for the subsequent registration of the company with the Federal Tax Service and the start of activities. By the meeting of the founders, it is necessary to decide on the entire range of issues related to the name. The names approved by the decision, full, abbreviated, in the languages of the peoples of the Russian Federation or foreign languages, will subsequently appear in the constituent document and in the registration authority.
Name requirements
Let's break down the legal requirements for a company name into several blocks.
Brand name
The right to use a company name refers to the exclusive rights of a legal entity. The copyright holder can freely use it in his own interests.
The corporate name of a commercial company cannot consist only of words denoting the type of activity being carried out (Insurer LLC, Stolovaya LLC).
It is unacceptable to include in a company name:
- full or abbreviated official names of foreign countries, as well as words derived from such names (French Fashion LLC, English Club LLC);
- full or abbreviated official names of federal government bodies, government bodies of constituent entities of the Russian Federation and local governments (Ministry of Finance LLC, Presidential Sausages LLC, Provincial Duma LLC);
- full or abbreviated names of public associations (United Russia LLC);
- designations that are contrary to public interests, as well as the principles of humanity and morality.
The last subparagraph allows you to set restrictions based on the subjective opinion of the registering authority. In any case, it is prohibited to use the following words and expressions in the company name:
- obscene or offensive;
- affecting national dignity or religious beliefs;
- extremist, Nazi or fascist in nature;
- which may be regarded as preaching cruelty, etc.
Registration of an LLC is carried out by the Federal Tax Service, which will make a conclusion about the admissibility of using the proposed name. The tax service has the right to refuse registration of a legal entity if violations of the requirements for a company name are identified or has the right to file a claim demanding its change.
Registration of an LLC and verification of compliance of a company name with legal norms is carried out by the Federal Tax Service
The use of the names Russian Federation or Russia, as well as derivatives from them (Russian, All-Russian, Ross., etc.), in the names of legal entities is permitted on the basis of:
- laws (this right is granted to political parties, national social movements, religious structures, etc.);
- decrees of the PRZ and acts of the PRV;
- special permission from the Ministry of Justice.
Permission is issued to business entities:
- having structural units in the form of branches or representative offices in more than half of the country’s constituent entities;
- being the largest taxpayers;
- if more than 25% of voting shares (more than 25% of the authorized capital) belong to the state or an economic entity created in accordance with a special law and having the name of the state in its name.
The use of the official names Russian Federation, Russia and words derived from them in a company name is permitted in strictly defined cases
For issuing a permit, a state fee of 80,000 rubles is paid. If state names are illegally included, the Federal Tax Service refuses to register the legal entity.
The procedure for using the official names of state entities is determined by the regulatory legal acts of such entities. There are no restrictions on the use of official names of cities, districts, and municipalities.
Company names in the national languages of the peoples of the Russian Federation and foreign languages
The organizational and legal form in the name in a foreign language is indicated according to the rules of the foreign language. For example, a limited liability company in English looks like limited liability company, LLC - LLC or Ltd. The organizational and legal form in foreign languages is usually indicated after the name (LLC Tables and Chairs, Ltd).
The law refers to the name in a foreign language, which does not imply simple transcription (wrong would be Stoli i stulia, Ltd). On the other hand, abbreviated names and abbreviations in transcription in practice do not entail objections from the regional authority. For example, JSC Russian Railways has the following registered names:
- the full corporate name of the company in Russian is the open joint-stock company “Russian Railways”;
- the abbreviated corporate name of the company in Russian is JSC Russian Railways;
- the full corporate name of the company in English is Joint Stock Company “Russian Railways”;
- The abbreviated corporate name of the company in English is JSCo “RZD”.
The name of the company in Russian and in the national languages of the Russian Federation may include foreign language borrowings in Russian or national transcription, with the exception of words and abbreviations indicating the organizational and legal form (SuperPizza LLC, Lifestyle LLC, but Imperial Lmt LLC is not permitted or Transformation LLC).
Uniqueness of the name
There are no legal requirements for the uniqueness of a name, except in cases of using the same or confusingly similar name of a previously registered company engaged in similar activities. The use of such names is prohibited (the name of the new trading company Pyaterochka+ LLC or the new air carrier Aeroflot Express LLC will not be registered.
Often, founders seek to personalize their company. To do this, it is recommended to use names consisting of several words, since it is difficult to come up with a one-word unique name - tens of thousands of companies are registered in the country and have repeatedly used all acceptable options. For example, a search in the register of registered legal entities on the Federal Tax Service website for the name “Romashka” brings up about 200 companies.
You can verify the uniqueness in the corresponding section of the official website of the Federal Tax Service (tab “Business risks: check yourself and your counterparty” on the main page of the site). If you intend to carry out activities that are subject to licensing or controlled by government agencies, you should check the name on the departmental websites of the relevant government agencies (on the website of the Central Bank of the Russian Federation when creating a company operating in the field of financial services). Diverse companies may have similar names (a taxi service that provides services using Volga cars may be called AvtoVAZ Taxi LLC, and a company that collects recyclables and containers may be called Sberbank LLC).
The beginning of the use of a company name is the date of registration of a legal entity with the Federal Tax Service. The original copyright holder of a similar or similar name, carrying out the same activity, has the right to demand that a later registered company change the name or change the type of activity, as well as compensation for losses caused.
A special case is the registration of two or more LLCs with the same names at the same address and/or the same founder. There is no prohibition for such actions. The negative consequences of violating intellectual rights to a brand name is the filing of claims by the proper copyright holder. If there is no conflict, then there is no violation of rights.
Procedure for changing a company name
Changing the name occurs in the same manner as amending the company's charter. The procedure looks like this:
- Adoption by the general meeting of participants of a decision to change the company name and amend the charter.
- Filling out an application for amendments to the constituent documents (in the case under consideration, page 1, sheet A and three pages of sheet M are filled out, new names are indicated on sheet A).
- Notarization of the applicant's signature (the state fee is 200 rubles).
- Payment of state duty for state registration in the amount of 800 rubles. according to the details of the relevant territorial tax authority.
- Submitting documents for registration to the Federal Tax Service (an application, a decision of the founders, two copies of the charter, a payment order for payment of the state duty, a power of attorney from the representative are submitted).
Changing the company name entails changing the seal, forms, signs, etc.
What name to choose
Fundamentally, the choice of name depends on the imagination of the founders. With a “scientific” approach to choosing a brand name, you should use the services of naming specialists (part of marketing activities responsible for developing brands, slogans, names, etc.).
The naming technique offers several general approaches when choosing a company name:
- Use of personal data of your own and loved ones. This is the simplest and most widespread option, which has given rise to countless LLC Ruslan, Olga, Petrovich, Ivanov and Co., etc. A trivial example of using a name in a corporate designation is the Mercedes concern, named after daughter of the creator.
- Include the name of the main product. It is important to remember here that the use of only words denoting the main type of activity is not allowed. To circumvent this rule, additional words are used, including those emphasizing the competitive advantages in the mind of the founder. With the help of this approach, Doors Lux LLC, Stolovaya No. 21, We Build Quickly, etc. appear.
- Territorial isolation. Often the name of the product is accompanied by geographical landmarks - Nizhegorodskie Pelmeni LLC, Vostochnye Confectioners, etc. Territorial names may not reflect the specifics of the company's activities - Volzhskie Zori LLC, Siberian Open Spaces, etc.
- Use of sonorous and meaningful abbreviations or first syllables. The long name is transformed into a bright and memorable abbreviation. LLC "Production of Construction Materials" - LLC "ProStroyMat", LLC "Legal and Financial Services" - LLC "YurFus", etc. It is also possible vice versa. A bright abbreviation is taken as a basis, and from it the full name in relation to the type of activity is derived. For example, ABBA LLC - Barnaul Security Agency LLC, etc.
- Use of foreign components. This is where various LLC “BystroFood”, “Stroycorporation”, etc. appeared.
- If desired, you can use several options and get the result: Far Eastern BystroOkna LLC from Gennady and Co. In such cases, the main thing is not to overdo it.
- Use of unusual phrases or ambiguous words and expressions in the title. Founders striving for originality sometimes give unusual names, the effectiveness of which is not always obvious.
In fact, the hairdressing salon Zabey LLC in Tula, the auto repair shop Trololo LLC in Irkutsk, the consulting company NAH LLC in Nizhny Novgorod (full name Novgorod Agrarian Holding LLC) and many other companies are actually registered and operating. whose names cause mixed reactions. Sometimes such creatives use unusual phrases to form extravagant product names, while resorting to dubious associations.
The travel agency “A Ued” LLC is registered in the city of Vyatskie Polyany, Kirov region
For supporters of numerology, we can propose a method for choosing a lucky name depending on the digital vibration of the letters. Esotericists believe that each letter corresponds to a certain number.
Table: converting letters to numbers
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| A | B | IN | G | D | E | Yo | AND | Z |
| AND | Y | TO | L | M | N | ABOUT | P | R |
| WITH | T | U | F | X | C | H | Sh | SCH |
| Kommersant | Y | b | E | YU | I |
To determine the energy of a company name, you need to convert the letters into numbers and add them up. Let's take Gazprom as an example. We have:
3 (G) + 1 (A) + 3 (B) + 8 (P) + 9 (R) + 7 (O) + 5 (M) = 36
The digits of the resulting amount must be added, the result is 3+6=9. If after the first addition you get a two-digit number, add it again. The final number will characterize the energy of the name and promote good luck in a certain area of business. Distribution of numbers by favorability of activities:
- The unit personifies the original beginning, the sun is the patron star. The unit brings good luck to those who go first, offer new products and services, and engage in innovation.
- The deuce benefits companies engaged in the sphere of services and caring for people, landscaping, and ecology. The celestial patron is the Moon, symbolizing femininity.
- Troika favors the development of entertainment, advertising and design businesses. Three means the fusion and interaction of opposites. From above this figure is patronized by Jupiter.
- Four is a creative number. Helps large manufacturing and processing businesses and agriculture. The number four has a favorable attitude towards architectural, design and engineering work. Characterized by stability, solidity and controllability. Star patron - Uranus.
- The Five is favorable for companies engaged in the field of sports, active recreation, and tourism. The patron is Mercury, which, as is known from mythology, was distinguished by its speed of movement and action. Five is suitable for companies related to travel and transport.
- Six favors creative and artistic activities. Well suited for artists, actors, florists, as well as anyone who helps decorate their home (art studios, furniture and decor stores). Six helps in the field of medicine, cosmetology and beauty. The star protector is Venus, characterized as human perfection.
- Seven is located towards the highest light. Elite shops, clubs, travel agencies with exotic resorts and routes, everything expensive and unusual fall under the protection of this figure. Neptune is the patron saint. The seven represents the cultural and spiritual basis of things.
- Eight specializes in the financial sector. Everything that is directly or indirectly related to capital investments, investments, consulting, auditing and accounting activities, etc., can count on success under the protection of this figure. From heaven, the eight is patronized by Saturn.
- Nine is inclined towards charitable activities, education, psychological and rehabilitation services. Protecting the Nine, Mars represents the change of development cycles.
How seriously to take numerology is up to the founders to decide. According to the above classification, the same Gazprom falls under charitable activities, which looks more than far-fetched. Sberbank found itself under the protection of the troika and should thrive in the entertainment sector, which is somewhat unusual for a bank.
Universal, neutral names that do not reflect either the personality of the founder, the type of activity or territorial feature are widespread. The names are given based on the personal disposition of the owners or are borrowed from the pre-privatization history of the company. Examples of such names may be LLC “Vesna”, “Svoboda”, etc.
Video: how to choose a company name
The saying “As you name the ship, so it will sail” fully applies to the brand name. This issue should be approached carefully and seriously. A humorous name may be inappropriate if the business successfully develops and takes a leading position, even at the local level. On the other hand, lovers of the grandiose and spectacular will look ridiculous if they include the terms “Federal” or “Global” in the name of a company with a staff of three people.
The civil law of various countries identifies several basic means of individualization used to classify organizations, the services they provide and the goods they produce in all sectors of the economy.
One of the most important is the concept corporate name of the legal entity. Its owner can use the intellectual property object in any way he likes in his own interests, as well as limit and prevent the use of this object by other persons.
Definition and exclusive right
The term business name generally implies a specific name that facilitates the identification of an organization. That, in turn, can belong to both a legal entity and an individual. In fact, this is the personification of a legal entity.
A company name differs from other means of individualization in that present for all legal entities. It is indicated in the documents upon registration of each newly formed organization. Further, it will be used in commercial activities, financial matters, when obtaining loans and in legal proceedings.
On the day of registration at the state level of a legal entity, the exclusive right to a company name appears. Its effect continues until this legal entity terminates its activities. This right, based on the laws of the Russian Federation, is inalienable and cannot be transferred for temporary use.
You can get it only by becoming the owner of the organization that is the original bearer of this right. In the future, it is possible to personally evaluate it and sell it as a property together with this organization. Moreover, a sale without reservations or a clause on the termination of the right after a certain period of time is possible.
The structure of the concept, its composition
So, a brand name allows the consumer to identify and “identify” a specific organization, to distinguish its goods and services from the general mass of the market. The main thing in this concept is marketing and advertising purposes, influencing the perception and assessment of the functioning of the organization.
In addition to marketing, this name also informs about the field of activity, the status of the company, and its origin. It is used when creating and in document flow.
From the point of view of the state, the assignment of unique brand names is the main means for regulating relations in the market.
A brand name has a structure consisting of several parts, two of which are mandatory. The nuances of their application are regulated by Article 1473 of the Civil Code of the Russian Federation and some federal laws.
The required components are:
- determination of the organizational and legal form (SUE, MUP, CJSC, etc.);
- directly the name of the legal entity proposed by its founder.
The full list of possible variations is limited by OKOPF (All-Russian Classifier of Organizational and Legal Forms). This component of the name is least subject to any changes, in contrast to the name of the company itself, which is limited only by the imagination of their founders and some provisions of the Civil Code.
It is not necessary to indicate the type of activity of the formed organization in the name. As an option: if the full name of the organization is “Trade and Production Campaign “World of Valves” LLC, then the abbreviated name “World of Valves” LLC is quite acceptable.
The company name in the case of a joint-stock company must necessarily indicate the organizational form of activity, as in the case of a general partnership.
The same article of the Civil Code allows businesses to legally use six types of names. In this case, they are possible using Russian, foreign languages, as well as any language of one of the peoples of our country. In this case, the full corporate name is mandatory for each organization.
You can find out what the right to a company name is from this video message.
Registration Features
In this case, a separate registration is not required for the company name. In accordance with Federal Law No. 129, Article 51 of the Civil Code of the Russian Federation, it is indicated in the charter of the organization upon its registration. The company is included in the Unified State Register of Legal Entities. From now on, the right to a company name arises.
In case of a name change, the procedure involves editing the charter and submitting the necessary set of documents to the tax service. Then amendments are made to the register of legal entities. After this, an exclusive right to the changed company name will arise.
To create rights in the Russian Federation, separate registration of the name is not required for foreign companies. The norms of the Paris Convention for the Protection of Industrial Property have been in force on the territory of the Russian Federation as the legal successor of the USSR since 1965.
The fee for registration in the Unified State Register of Legal Entities is charged as a one-time fee. Subsequent exploitation of the brand name and protection of rights does not require any fees.
Additional fees are provided for the registration of names that include any word forms of the name of the state, for example, the Russian Capital Bank. This provision does not affect government authorities.
Subjects of the federation have the right and use similar rules, imposing fees on company names that include derivative words from the name of a region or city.
Requirements for the name and checking for uniqueness
Article 1473 and the Civil Code define restrictions when creating a corporate name for an organization.
Thus, it is prohibited to use identical names of existing legal entities when the type of activity coincides. This also applies to cases where the name of a new enterprise is included later than a similar name of another organization.
A company with the same name and an older registration period will easily sue the newly created “namesake”.
The uniqueness of the chosen names can be checked on specialized resources on the Internet, for example, on the Federal Tax Service website nalog.ru.
So, in the brand name don't use:
- full names of states, their abbreviated versions, including derivatives from them;
- names of any authorities or local municipalities, public organizations;
- terms or designations incompatible with the norms of morality accepted in society.
The use of the words “Russia”, “Russian Federation” and their word forms is prohibited. However, the Ministry of Justice of the Russian Federation has the right to authorize their use in following cases:
- if the organization is represented in the majority of constituent entities of the Russian Federation (more than 50%);
- if it represents the largest taxpayer;
- if the company is a leader in its product niche or has a market share of over 35%;
- if the state owns more than a quarter of the authorized capital of this business entity or more than 25% of voting shares.
The use of some other words is also prohibited, in particular the definition of “Olympic”. City names can only be used with special permission.
Foreign words in the name can only be used in Russian transcription. Incorrect option: “Sin city LLC”. That's right - Sin City LLC.
It is mandatory for some areas of activity (credit organizations, pawnshops) to indicate these types of activities in the name.
Principles of protection and forms of violation of rights
The laws of the Russian Federation clearly prohibit the possibility of an individual enterprise using the trade name of another. Similar mixed forms are also prohibited if they may mislead consumers.
This rule applies to territorial zones and applies to organizations operating in the same area.
Also common the following types of violation of this right:
- registration and use of trademarks similar or similar to someone else's brand name;
- use of an existing company name in Internet domain names, as well as advertising materials or documents;
- use of a similar commercial designation.
All these options are united by the right of primacy to means of individualization. In any case, the culprit for violating the law will be the legal entity whose rights arose later. The absence of information about the availability of another means of individualization will not relieve one from liability.
Among the typical options for protecting a brand name: allocate:
- forcing legal entities that violate the rights of others to change their name;
- prohibition on the use of commercial designations that are identical or similar;
- determination of insufficient legal protection of the trademark;
- material compensation due to illegal use, especially in the case of profit-making and thereby causing serious damage to the owner of the naming rights.
Similarities and differences with the trademark
Both of these means of individualization are most often used in similar ways: signs on buildings, indications on product packaging, advertising materials, documents and websites. However, both of these concepts are filled with different functionality and have different legal characteristics.
A company name is registered simultaneously with a legal entity. Its effect extends to the territories of all countries party to the Paris Convention. The object of individualization is commercial legal entities.
The right to it cannot be transferred in any way, nor can compensation be obtained for its violation. The cost of registration is the same as the cost of registering a legal entity.
A trademark is not mandatory for organizations. It does not need to be registered in a mandatory form; this procedure occurs in a special manner. In this case, the enterprise must be in the Unified State Register of Legal Entities.
The trademark is valid only in Russia. Its use within other states requires registration according to their rules. Trademark holders have extensive opportunities for its use. In case of violation of rights to it, it is not difficult to obtain compensation under the laws of the Russian Federation. Its dimensions range from from 10 thousand to 5 million rubles. The minimum fee for a patent for a trademark is 30,400 rubles.
Additional customization options
Russian laws also distinguish and protect other designations that help distinguish organizations, goods and services.
In addition to the concepts already described, commercial designation and appellation of origin (AP) are also of practical importance.
Under commercial designation understand the well-known name used by the company that characterizes its activities. It does not require separate registration. Typical examples: AvtoVAZ, Gazprom. Its difference from a company name is that the latter is used in relations between organizations, and a commercial designation is used for interaction between a buyer and an entrepreneur.
Not only word constructions, but also colors and individual images can be used as designations.
NMPT makes it possible to secure a trade name in connection with a separate territory. This is the main difference between this remedy and others. Classic examples: Dymkovo toy, Vologda butter, Belevskaya pastila.
The right to one innovative product may belong to several manufacturers from the same region offering identical products.
Popular on a global scale: Westphalian ham, Parma ham, cognac, Armagnac, champagne, etc.
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