Full and abbreviated name of the organization. Organization abbreviated name rules

• What is the name or name of the LLC;
• What might its name be;
• What is the full and abbreviated name;
• What languages ​​can the name be in;
• Whether the name can be repeated or must it be unique;
• What cannot (what words) be included in the name of the LLC;
• Whether the name can be changed.

According to the Law “On Companies with limited liability»LLC must have a full name in Russian. Also, LLC has the right to have an abbreviated name in Russian.

Also, the Law allows a Limited Liability Company to have a full and abbreviated name on foreign language or the language of the peoples of the Russian Federation.

The full name of the LLC must contain the name itself and the words "Limited Liability Company". The abbreviated name must contain the abbreviation "LLC" and the full or abbreviated name of the Company.

Currently, the name of the LLC does not have to be unique. Thus, it is possible to register an LLC with a name that is already present in the Unified State Register of Legal Entities. (i.e., it is carried by another legal entity). But, it is important to remember that according to part 3 of article 1474 Civil Code it is not allowed to use a name similar to the name of another legal entity that carries out similar activities.

Article 1474 - Civil Code

3. It is not allowed for a legal entity to use a firm name identical to the firm name of another legal entity or similar to it to the point of confusion, if the said legal entities carry out similar activities and company name the second legal entity was included in the unified state register of legal entities earlier than the firm name of the first legal entity.

When choosing the name of an LLC, keep in mind that if the name of your LLC coincides with the name of another, you risk becoming a defendant in court for illegal use intellectual property. But, this is only if the name you have chosen is registered as a trademark belonging to another legal entity.

The use of such words as: “ Russian Federation"," Russia "," Moscow ", etc., as well as derivatives from them. To obtain permission to use such words and phrases, you need to contact the Ministry of Justice.

Article 1473 - Civil Code

4. The firm name of a legal entity may not include:

1) full or abbreviated official names of the Russian Federation, foreign states, as well as words derived from such names;

2) full or abbreviated official names of federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation and bodies local government;

3) full or abbreviated names of international and intergovernmental organizations;

4) full or abbreviated names public associations;

5) designations that are contrary to public interests, as well as the principles of humanity and morality.

Change of LLC name

The name of the LLC can be changed. To change the name of an LLC, the General Meeting of Members of the Company must make a decision to change the name and formalize it in the Minutes. This fact (change of the name of the LLC) must be registered, i.e.,

You can get answers to any questions about registration of LLC and individual entrepreneur using the service free consultation for business registration:

When preparing registration documents, you definitely need to decide - what to call the LLC? Your organization must have a full corporate name in Russian, including an indication of the organizational and legal form. For example, “Wholesaler” Limited Liability Company.

Additionally, Article 4 of Law No. 14-FZ gives the right to have an abbreviated name of a legal entity in Russian (with the abbreviation "LLC"), as well as a full and abbreviated name in the languages ​​of the peoples of the Russian Federation and in foreign languages. In total, 6 names are obtained, but the main one is the full company name of the LLC in Russian.

In some cases, the full name of the legal entity must indicate the type of activity (pawnshops, Insurance companies, payment systems). But at the same time, the name of the company cannot consist only of words denoting the type of activity (article 1473 of the Civil Code of the Russian Federation).

How to check the name of an LLC for uniqueness

Can the name of a firm be the same as the firm name of another organization? According to article 1474 of the Civil Code of the Russian Federation, a legal entity is not entitled to use the corporate name of another company. Nevertheless, identical or similar LLC names are encountered in practice.

The fact is that the tax inspectorate, when accepting registration documents, does not check the uniqueness of the name of the organization you have chosen. After registration, the company is identified not by the name of the LLC, but by the TIN and ORGN codes, which are not repeated.

You can check the uniqueness of the selected name yourself through. Take, for example, the word "East" that is popular in the names of organizations.

If we set a search for the exact match of the name, then the service will give us 8 Vostok legal entities, with different TIN and ORGN. If we look for the names of organizations that contain the word "East" in variations, then we will get 200 answers.

The rightholder of the company name LLC has the right to go to court with a lawsuit forcing another organization to change an identical or confusingly similar name, but for this the following conditions must be met:

• organizations are engaged in similar activities;
• the company name of the plaintiff is included in the Unified State Register of Legal Entities earlier than the company name of the defendant.

So, if you do not want similar in the future litigation, we recommend choosing a unique name, which is not yet in the Unified State Register of Legal Entities.

Are you going to register an LLC? Take advantage of a free online service that will shorten the preparation time and eliminate errors.

Requirements for the name of a legal entity

When choosing a name for an LLC, keep in mind that the law establishes requirements for the name. According to Art. 1473 of the Civil Code of the Russian Federation, designations such as:

1. foreign language borrowings in Russian transcription or in transcriptions of the languages ​​of the peoples of the Russian Federation of terms and abbreviations reflecting the organizational and legal form of a legal entity;
2. full or abbreviated official names of foreign states, as well as words derived from such names;
3. full or abbreviated official names of federal bodies of state power, bodies of state power of constituent entities of the Russian Federation and bodies of local self-government;
4. full or abbreviated names of international and intergovernmental organizations;
5. full or abbreviated names of public associations;
6. designations that are contrary to the public interest, as well as the principles of humanity and morality.

We draw your attention to the risks of indicating in the name of the LLC the word "Limited", the direct translation of which is "Limited". Although this word in itself is not a term or an abbreviation for organizational legal form a legal entity, however, some IFTS recognize it as such and refuse registration. We recommend that you check in advance with the registration authority the possibility of including this word in the corporate name of your company.

It is possible to include the words “Russia”, “Russian Federation” and derivatives from them in the name of the LLC company if you have permission from the Ministry of Justice of the Russian Federation. You can find out how to obtain this permission in the Decree of the Government of the Russian Federation of 03.02.2010 N 52.

For the use of words formed from the name of the subject of the Russian Federation, some regional regulations... Thus, it is allowed to include words derived from "Moscow" in the name of an organization only by agreement with the Heraldic Council of the city of Moscow (Resolution of the Moscow Government dated March 27, 2015 N 147-PP).

And use the words "Olympic" and "Paralympic" in the name only educational institutions and physical culture and sports organizations that train athletes.

A principled decision was made to establish its own LLC, a business plan was developed, funds were found for initial investments. It remains to choose a suitable name for the delight of friends and the envy of competitors. With all the freedom to choose a brand name, certain restrictions and requirements exist. The prospective owners of the company should know what to be guided by 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 for its individualization in the market. The name is a brand of the company, it is intended to attract attention and inspire confidence on the part of customers and contractors, to evoke positive associations. When choosing, you should avoid the prevailing cliches and memes with a negative connotation. This fully applies to the slogans practiced by many entrepreneurs.

The name of the company should not cause negative associations

General requirements

The general obligation of each legal entity to have its own name is established by Art. 54 GK. Specific requirements depending on the type of organization to be created are given in the relevant special acts. In our case, this is the Law of 08.02.1998 No. 14-FZ "On Limited Liability Companies". The single obligation for all legal entities is to indicate in the name of the organizational and legal form. With regard to organizations carrying out certain types activity, there is an obligation to indicate such a type in the title. This applies to the following organizations, which can be formed in the form of an LLC:

• credit (banks and non-bank credit organizations - Rusfinance Bank LLC, Zemsky Bank LLC);
• insurance (LLC Povolzhsky Insurance Alliance, LLC Renaissance Insurance Group);
• exchange (AO Saint Petersburg Exchange, CJSC MICEX Stock Exchange);
• specialized financial companies operating in the securities market;
• pawnshops (LLC Lombard-Invest, LLC Lombard No. 1).

The company names of companies carrying out certain types of activities must necessarily contain an indication of such activities.

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 LLC

The law establishes the obligation of a company to have a full name in Russian. Applied to commercial organizations the term "Brand Name" is used. The assignment of a short name is the right of the founders, which is used in the overwhelming majority of cases.

The full name usually includes the words "Limited Liability Company". It is inconvenient to use such a long name every day. Moreover, numerous standard forms that invariably accompany any economic activity(invoices, orders, receipts, etc.) may not provide enough space for the full name of the company. So, in sick leave in the column "Place of work - name of organization" under the name of the employer, 29 cells are allocated, while the full designation of the legal form of an LLC consists of 37 elements without spaces.

Some standard forms do not provide for the ability to fully enter even the organizational and legal form

The abbreviation LLC is common and well-known, therefore, when choosing a short name, first of all, the name of the form is shortened. The use of LLC as an abbreviation of the legal form is allowed in its full name.

If a 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 Voskhod LLC. Multi-word names are abbreviated in three ways:

• an abbreviation from the first letters of each word (Unified Consumer Protection Service - ESZP, Volga Carpet Center - PKTs);
• using multiple initial letters or first syllables ( Electronic systems connections - Elsis, Law Firm"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 fast delivery taxi service - GorMigTaxi, Service urgent delivery correspondence - BystroKorr).

The writing of capital letters within the name, the rearrangement of syllables and letters is at the discretion of the author, based on the euphony and satisfactory external perception.

The name in the form of an abbreviation should exclude ambiguity of perception: the cartographic factory of the ALL Russian Geological Institute cannot boast of this

There are no requirements for identity or direct connection of full and abbreviated names, but the use of completely incompatible and mutually non-associated 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 borne in mind that subsequently it may be necessary to register a trademark in which it is preferable to use the abbreviated name.

Selection and approval of the name

The main name is the full name in Russian. In total, a commercial company is entitled to have up to six brand names, one full and one abbreviated as:

• in Russian;
• the national language of the peoples of the Russian Federation;
• foreign language.

The official name of the company appears at the stage of making the decision to establish a company. The decision is taken by the founders unanimously or sole founder and is the start for the subsequent registration of the company with the IFTS and the start of activities. By the meeting of the founders, it is necessary to decide, including on the entire range of issues related to the name. The full, abbreviated names approved by the decision 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.

Naming requirements

Let's break the legal requirements for the name of the company into several blocks.

Brand name

The right to use a trade name is an exclusive right of a legal entity. The copyright holder can freely use it in his own interests.

The firm name of a commercial company cannot be formed only from words denoting the type of activity carried out (LLC "Insurance", LLC "Canteen").

It is unacceptable to include in the brand 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 the constituent entities of the Russian Federation and local government bodies (LLC "Minfin", LLC "Presidential Sausages", LLC "Gubernskaya Duma");
• full or abbreviated names of public associations (United Russia LLC);
• designations that are contrary to the public interest, 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 forbidden to use words and expressions in the name of the company:

• obscene or offensive;
• affecting national dignity or religious beliefs;
• extremist, Nazi or fascist character;
• who can be regarded as preaching cruelty, etc.

The registration of the LLC is carried out by the Federal Tax Service, which will conclude on the admissibility of using the proposed name. The tax service has the right to refuse to register a legal entity if violations of the requirements for a company name are detected, or it has the right to file a claim with a request to change it.

Registration of the LLC and verification of the compliance of the company name with the legislation 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, Russian, 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 PRP and acts of the PRV;
• special permission of the Ministry of Justice.

A permit is issued to business entities:

• having structural units in the form of branches or representative offices in more than half of the subjects of the country;
• 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 established in accordance with a special law and having the name of the state in its name.

The use in the company name of the official names of the Russian Federation, Russia and words derived from them is permitted in strictly defined cases.

For the issuance of a permit, a state duty is paid in the amount of 80,000 rubles. In case of illegal inclusion of state names, the FTS refuses to register a legal entity.

The procedure for using the official names of state entities is determined by the regulatory legal acts of such entities. Any restrictions on use official names cities, districts, municipalities not installed.

Company names in the national languages ​​of the peoples of the Russian Federation and foreign languages

The organizational and legal form in a name in a foreign language is indicated according to the rules of a foreign language. For example, a limited liability company for English language looks like a limited liability company, LLC - LLC or Ltd. The legal form in foreign languages ​​is usually indicated after the name (Tables and Chairs, Ltd).

The law says about the name in a foreign language, which does not imply a simple transcription (Stoli i stulia, Ltd would be wrong). On the other hand, abbreviated names and abbreviations in transcription in practice do not entail objections from the reorganization. For example, Russian Railways has the following registered names:

• full corporate name of the company in Russian - Open Joint Stock Company Russian Railways;
• the abbreviated corporate name of the company in Russian - JSC Russian Railways;
• full corporate name of the company in English - Joint Stock Company "Russian Railways";
• abbreviated corporate name of the company in English - 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 denoting the organizational and legal form (LLC "SuperPizza", LLC "Lifestyle", but not permitted by LLC "Imperial Lmt" or LLC "Preobrazhenie LLC").

Uniqueness of the name

There are no legal requirements for the uniqueness of the name, except for cases of using the same or confusingly similar name of a previously registered company carrying out similar activities. The use of such names is prohibited (they will not register the name of a new trading company LLC Pyaterochka + or a new air carrier LLC Aeroflot-express.

Oftentimes, founders seek to personalize their company. For this, it is recommended to use names from 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, which have repeatedly used all acceptable options. For example, a search in the register of registered legal entities on the website of the Federal Tax Service under the name "Romashka" displays about 200 companies.

You can verify the uniqueness in the corresponding section of the official website of the Federal Tax Service (the "Business risks: check yourself and the counterparty" tab on the main page of the site). If you intend to carry out activities 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 on Volga cars may be called AvtoVAZ Taxi LLC, and a company that collects recyclable materials and containers may be called Sberbank LLC).

The beginning of the use of the company name is the date of registration of the legal entity with the Federal Tax Service. The original rightholder of the same or similar name, carrying out the same activity, has the right to demand from the later registered company a change in the name or a change in the type of activity, as well as compensation for damages 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 infringement of intellectual property rights to a trade name is the presentation of claims by the proper copyright holder. If there is no conflict, then no violation of rights is seen.

Procedure for changing the corporate name

The change of name takes place in the same manner as the amendment of the company's charter. The procedure looks like this:

1. Adoption general meeting participants in the decision to change the corporate name and amend the charter.
2. Registration of an application for amending the constituent documents (in this case, page 1, sheet A and three pages of sheet M are filled in, new names are indicated on sheet A).
3. Notarization of the applicant's signature (the state fee is 200 rubles).
4. Payment of state duty for state registration in the amount of 800 rubles. according to the details of the corresponding territorial tax authority.
5. Submission of documents for registration with the Federal Tax Service (an application is submitted, a decision of the founders, two copies of the charter, payment order on payment of the state duty, power of attorney of the representative).

A change in the corporate name entails a change in the seal, letterheads, signs, etc.

Which name to choose

Basically the choice of the name from the founders' imagination. With a "scientific" approach to choosing a brand name, you should use the services of naming specialists (part marketing activities responsible for the development of brands, slogans, names, etc.).

The naming technique offers several common approaches when choosing a company name:

1. Use of personal data of your own and loved ones. This is the simplest and most widespread variant, which gave rise to countless LLC Ruslan, Olga, Petrovich, Ivanov and Co, etc. A banal example of using a name in a corporate designation is the Mercedes daughter of the creator.
2. Inclusion of 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 bypass this rule, additional words are used, including underscores competitive advantages in the view of the founder. With the help of this approach, LLC "Doors Lux", "Canteen No. 21", "We Build Fast", etc. appear.
3. Territorial isolation. Often the name of the product is accompanied by geographic landmarks - LLC Nizhegorodskie pelmeni, Vostochnye confectioners, etc. Territorial names may not reflect the specifics of the company's activities - LLC Volzhskie Zori, Sibirskie Prostory, etc.
4. Use of sonorous and meaningful abbreviations or first syllables. A long name is transformed into a bright and memorable abbreviation. LLC Production building materials"- LLC" ProStroyMat ", LLC" Legal and Financial services"- LLC" YurFus ", etc. Possibly and vice versa. A bright abbreviation is taken as a basis, and the full name is derived from it in relation to the type of activity. For example, ABBA LLC - Barnaul Security Agency LLC, etc.
5. The use of foreign components. From here appeared various LLC "BystroFud", "Stroycorporeyshn", etc.
6. If you wish, you can use several options and get the result of LLC "Far Eastern BystroOkna from Gennady and Co." In such cases, the main thing is not to overdo it.
7. The use of unusual phrases or ambiguous words and expressions in the name. Founders striving for originality sometimes give unusual names, the effectiveness of which is not always obvious.

The hairdressing salon LLC "Zabey" in Tula, the auto-technical station of LLC "Trololo" in the city of Irkutsk, the consulting company LLC "NAH" in the city of Tula are actually registered and operate. Nizhny Novgorod(the full name of Novgorod Agrarian Holding LLC) and many other companies, the names of which cause an ambiguous reaction. Sometimes these creatives use unusual phrases to form extravagant product designations, while resorting to questionable associations.

Travel agency LLC "A ued" is registered in the city of Vyatskiye Polyany, Kirov region

For supporters of numerology, you can offer a method for choosing a lucky name depending on the digital vibration of letters. Esotericists believe that each letter corresponds to a certain number.

Table: converting letters to numbers

To determine the energy of the name of the company, it is necessary to translate letters into numbers and add them. Take Gazprom as an example. We have:

3 (G) + 1 (A) + 3 (B) + 8 (P) + 9 (R) + 7 (O) + 5 (M) = 36

The numbers of the received amount must be added, as a result, we get 3 + 6 = 9. If after the first addition you get a two-digit number, add it again. The final figure will characterize the energy of the name and contribute to good luck in a certain area of ​​business. Distribution of figures by favor to types of activity:

1. The unit personifies the primordial beginning, the sun acts as the star patron. The unit brings good luck to going first, offering new products and services, and innovating.
2. The two are charitable to companies engaged in the service sector and care for people, landscaping, and ecology. The heavenly patron is the Moon, symbolizing femininity.
3. The Troika favors the development of the entertainment, advertising and design business. Three means the merging and interaction of opposites. Above this figure, Jupiter patronizes.
4. Four is a creative number. Helps large manufacturing and processing businesses, agriculture... The quartet has a favorable attitude towards architectural, design and design work. It is characterized by stability, solidity and controllability. Star Patron - Uranus.
5. The top five is favorable for companies engaged in sports and outdoor activities, tourism. The patron saint is Mercury, which, as is known from mythology, was distinguished by the speed of movement and action. The five is suitable for travel and transportation companies.
6. Six favors creative and artistic activities. Well suited for artists, actors, florists, as well as anyone who will help to decorate everyday life (art studios, furniture and decor stores). Six helps in the field of medicine, cosmetology and beauty. Star Guardian - Venus, characterized as human excellence.
7. Seven is located to the higher world. Elite shops, clubs, travel agencies with exotic resorts and routes, everything expensive and unusual fall under the protection of this figure. The heavenly patron is Neptune. The 7 represents the cultural and spiritual foundation of things.
8. The eight specializes in financial sphere... Anything directly or indirectly related to capital investments, investments, consulting, auditing and accounting activities, etc., under the protection of this figure can count on success. From heaven, the eight are patronized by Saturn.
9. The Nine is disposed towards charity, education, psychological and rehabilitation services. Protecting the nine, Mars personifies the change in development cycles.

How seriously should one take numerology, it is up to the founders to decide. According to the above classification, the same Gazprom falls under charitable activities, which looks more than strained. Sberbank has 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 are widespread, reflecting neither the identity of the founder, nor the type of activity or territorial peculiarity. The names are given on the basis of the personal disposition of the owners or are borrowed from the pre-privatization history of the company. Examples of such names can be OOO Vesna, Svoboda, etc.

Video: how to choose a company name

The proverb “As you name the ship, so it will float” fully applies to the brand name. This issue should be approached carefully and seriously. A playful name may be inappropriate in case of successful development business and leadership positions even at the local level. On the other hand, fans of the grand and spectacular will look ridiculous if they include the terms "Federal" or "Global" in the name of a company with a staff of three.

If you are going to organize commercial enterprise, remember that it must have a company name, which always consists of a legal form and the "name" itself. This name distinguishes one company from others.

Components of the brand name

As mentioned above, the name consists of several parts.

• First part- main - speaks about the type and activities of the company, characterizes its legal direction. Sometimes in this part some other nuances may be indicated. Example: limited liability company.
• Second part Is a special designation for an organization. It is also called auxiliary. It is according to him that enterprises differ from each other. This part includes a mandatory and optional component. Mandatory addition is "name", number, geographical position or another designation. For example, the common name is Vernissage Limited Liability Company. The second part in this title is "Vernissage". But this part can consist not only of one word, but also have such additions as "universal", "regional", etc. An example of the second part with additions: "Universal trading house"Gold ring".

An example of a full corporate name: Joint Stock Company closed type"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:

1. One in full and one in abbreviated form in Russian.
2. One in full or one in abbreviated form in any language of the peoples of the Russian Federation.
3. One in full and one in abridged form in a foreign language.

Attention! The only mandatory option for any organization is the full corporate name option.

The abbreviated name contains the abbreviation of the organizational and legal form, as well as the name of the enterprise itself (full or abbreviated). Examples of brand names:

Restrictive nuances in naming

According to Art. 1473 of the Civil Code of the Russian Federation, paragraph 4 does 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 government bodies, federal bodies, local government services.
• The names of public organizations.
• Names and designations that contradict the norms of public morality.

It is prohibited to use the words "Russia" and "Russian Federation" derived from them without special permission. Their use can only be permitted by the Ministry of Justice of the Russian Federation.

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 taxpayers;
• the company is an economic entity, is the leader in the market for a specific product, or has a market share of this product 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 can also not use the names of cities, the word "Olympic" and other similar words, including derivatives from them.

It is possible to use the name of the city in the name in the case of a special permit for the use of state symbols.

You can use foreign words in the name of the organization in the Russian language format. But of these, you cannot use terms that reflect the organizational and legal form. Important! Words should only be in Russian transcription.

Example. The name Open Joint Stock Company Metal Steel is incorrect. That's right - Metal Steel Open Joint Stock Company.

Certain types of activities must also be indicated in the name. This is a must for credit, pawnshop and other organizations.

Observance of uniqueness when choosing a name

Clause 3 of Article 1474 of the Civil Code of the Russian Federation states that you cannot use a company name that is identical to the company name of another legal entity or similar to it to the point of confusion 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 inspectorate has not verified 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 dedicated resources in the Internet. In particular, this can be done on the website of the tax office.

Registration of the name of a legal entity

When a unique name has been 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 brand name is registered per person.

How to protect a brand name

To strengthen the legal protection of a company name, it is recommended to register a company name , as a trademark.

Trademark Is a special designation that individualizes a product or service. Most often it is expressed in verbal or pictorial form.

Therefore, it is better to choose a name for the enterprise that can be registered as a trademark. Thus, in the event of a dispute, 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 defense.

Example. Known largest Japanese company, which produces electronics and watches "Citizen" has the same word designation, both in the brand name and in the trade mark.

When registering a company 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, inherited, pledged, or leased. The copyright holder can do this on a commercial basis.
• The owner of this type of name may prohibit the use of a domain name in the ..ru zone on the Internet, which is similar to its corporate name.
• Competitive entities may be prohibited from using trade mark not only in court, but also in the pre-trial order. This is done by contacting law enforcement or antitrust services, as well as the patent office.
• To prevent the import of counterfeit products from abroad, which are produced under the trademark of the copyright holder, you can enter the trademark in the customs register.

The legal owner of the rights can always demand from the violator to compensate for the losses incurred due to the illegal use of the company name, which is registered as a trademark.

The name of the organization is indicated in constituent documents... The Civil Code does not provide any guidance on what a firm should be called, other than some restrictions, which we will discuss below. The main thing is to indicate the organizational and legal form. Also, the constituent documents must contain the full name of the organization and the abbreviated name (if any).

The latter is not at all required condition when registering. You can get by with one, but it often complicates the bureaucratic work. In addition, the abbreviated name of the organization can significantly save your budget. We will analyze these questions in more detail in this article.

Concept

The name of the organization is the name, the name of the company, which is submitted to the Unified State Register Legal entities(Unified State Register of Legal Entities). “As you name a ship, so it will float” - a time-tested wisdom. Today there are narrowly focused specialists in the field of naming (assistance in finding an optimal name) and branding (creating a recognizable image). We will touch on legal aspect of this concept, we will analyze how the change in the name of the organization affects further activities.

Mandatory use of words in the name

We have already noted above that the Civil Code does not contain any regulations, requirements for creating a memorable name for an enterprise. However, there are certain areas of activity in which some words are required:

1. The word "Bank" or "Non-bank credit organisation»Are mandatory for credit and financial institutions.
2. Insurance organizations are required to use terms that are related to their activities, for example, "mutual insurance", "insurance broker".
3. Non-profit organizations are required to indicate legal status and the nature of its activities, for example " Charitable foundation"," Public Religious Organization ", etc.

By the same logic, it is prohibited to name an organization that will mislead consumers. Such examples include the words "microfinance organization", "pawnshop", "stock exchange" for companies that are in no way associated with that activity.

Abbreviated names

Abbreviated names are usually used in those organizations that are required to include certain words. This greatly increases the full name. Difficulties arise associated with the manufacture of signs, letterheads, stamps, etc. Long names are also difficult for consumers to perceive, it is difficult to create a recognizable brand. The Civil Code does not prohibit the parallel use of the abbreviated name in daily activities.

Organization name: sample

So, two names can be used in the law. The first must fully comply with all clauses of the Civil Code, for example, Limited Liability Company "Primorsky Les", Non-profit organization"A worthy future". We agree that such long names will create difficulties in the widespread work. Abbreviated names may look like this: LLC "Primorsky Les", NGO "Decent Future". It is also allowed to have an additional name in English, in the language of the indigenous and small peoples of Russia.

What cannot be used in official names

It is legally prohibited to include in the corporate name of the organization:

• Full or abbreviated name of authorities, regulatory organizations, law enforcement agencies.
• Official names of states, international, interstate and intergovernmental organizations.
• Names that are contrary to moral norms, generally accepted norms, public interests, principles of rationality.

The last point is subjective. There are many different disputes and opinions on this score. However, common sense wins in them, and we do not see inscriptions on shop windows that cause negative associations in us. Of course, there are always dissatisfied, but this is purely individual cases, they are not massively expressed.

As for the official names of states, there is some misunderstanding here too: can the name "Russia" or "Russian Federation" be used?

The name of our country is only allowed by permission. Its order is established by the Government.

Exclusive use rights

The state fights unfair competition at the legislative level. Sometimes dishonest entrepreneurs use an already familiar brand for their own purposes: they call their companies the same. This is legally prohibited. Identical or similar name is not allowed. The exception is various areas activities: for example, two companies with the same name "Peresvet". The first one sells electronics, the second one sells food. Such a case will not contradict the legislation, since there is no competition between firms.

If two companies have the same name, sell similar goods or services, then the one that was registered in the Unified State Register of Legal Entities first has the right of exclusive use. For the second, negative consequences may occur: compensation for losses associated with unlawful use. In addition, she is obliged to rename her business. Let's talk about this in more detail below.

Who makes the decision to rename

A change in the name of an organization is mandatory by decision of the competent governing body. The procedure does not depend on the reason for it. The court does not have the right to rename the enterprise itself. He can only oblige the competent governing bodies to change the sign. The procedure is determined by the relevant federal law, depending on the organizational and legal nature. For example, the functioning of a joint stock company is regulated by the federal law of December 26, 1995 No. 208-FZ "On joint stock companies". A meeting of shareholders is being held. The decision is made on it.

Change of organization name: sample order

Suppose a firm sues its competitor with the same name. Local arbitration court satisfied the filed claim. Now the competitor, which also has a similar name, is obliged to change it in the near future. Legal procedure such actions are governed by Federal law dated 08.02.1998 № 14 - FZ "On limited liability companies". A constituent assembly is convened, at which a decision on renaming is made. After that, the manager issues an order, which contains approximately the following:

“Based on the entry made in the Unified State Register of Legal Entities on renaming the Limited Liability Company ... (name) into a Limited Liability Company ... (name, number of the certificate of making an entry in the Unified State Register of Legal Entities ... No. ... issued by the Interdistrict Inspectorate FTS of Russia No. ... for ... region ... date) I order:

1. Use a new name.
2. The head of the personnel department (full name) to make changes to employment contracts, books, documents of personnel records.
3. Deputy Director (full name) to make new letterheads, seals, stamps provided for current instruction on office work; notify all existing counterparties about the change in the company in accordance with the current legislation.
4. The Deputy Director for Economic Affairs (full name) shall order a new sign of the Company and install it before ... (date).
5. I reserve control over the execution of the order.

Renaming order

Changing the name of an enterprise is a difficult process. On practice large companies resort to it extremely rarely, due to serious circumstances. To rename, you need to do the following:

• change the constituent documents;
• re-register with new documents in the Unified State Register of Legal Entities;
• change all seals, forms, contracts, including labor contracts;
• issue the necessary local documents and etc.

After renaming, it is imperative to notify all partners and contractors by official letters. If the balance of enterprises includes vehicles, real estate, trademarks, patented inventions, etc. - all will also have to be re-registered. Those who have come across this know how difficult it is, for example, to obtain a patent for a brand in Rosreestr.