Good afternoon, dear reader of the site “ DAD HELPED"! Project founder Alexander Berezhnov is in touch. The article's expert is a lawyer.

In 2018, I registered a trademark for my online project “HeatherBober.ru”. During the registration period (1 year), I understood this topic very well and in this article I will share all my practical experience, as well as answer frequently asked questions.

What is a trademark (service mark) and in what cases is its registration required?

Trademark is a verbal, figurative or combined designation that serves to individualize the goods or services of a particular company or individual entrepreneur in the eyes of the consumer.

Usually, but not necessarily, next to a trademark registered in the Russian Federation, the English letter “R” is written in a circle - Ⓡ. This is a warning to other market players that this inscription or image is protected by law and cannot be used for their own commercial purposes.

In international practice, similarly to the letter “R” in a circle, the designation “TM” corresponds, which means trade mark(trademark) or "SM" - service mark(service mark).

Visual display of the ® and TM markings next to the trademark

Simply put, a trademark is intended to enable clients to distinguish the offer of one company from another and make a choice in favor of the “right” product or service, the quality of which is guaranteed by this company on a psychological level for the client.

Please note that the very concept of “trademark” comes from the word “product” and it will be appropriate if you produce shoes, clothes or cars, that is, objects in material form.

If you provide services under a specific “brand,” then the trademark will be called a service mark.

For example, the trademark “HeatherBeaver”, which I registered, is called a “service mark”, since under this brand our team does not sell material things, but only provides services in the field of marketing, advertising and consulting.

If a trademark is registered in the "services" category, it is called a "service mark"

Having the rights to your technical specifications, you get a great advantage not only over your competitors, but also expand your opportunities for monetizing your business.

For example, if you plan to develop your business further as a franchise, then a trademark will be simply necessary.

Also, a well-promoted brand in a certain consumer segment increases the value of the business. If you want to sell a company with a well-known technical specification, it will cost much more.

Also, the trademark itself can be sold separately from the business or the rights to use it can be leased under a licensing agreement.

A trademark can be registered only for an individual entrepreneur or company(LLC, PJSC, CJSC and so on).

Trademark is not registered for an individual, since, according to the law of the Russian Federation, he cannot carry out commercial activities on an ongoing basis.

Types of trademarks: verbal, visual, sound, light, olfactory, combined

Most people are accustomed to seeing trademarks of well-known companies in the form of inscriptions or images (logos).

However, an interesting fact is that a trademark can also be a piece of music (a catchy melody), the shape of the product itself or its element.

Thus, it is possible to register a light, sound or olfactory trademark. They are registered infrequently and can be done if desired.

For example, the shape of a Coca-Cola bottle with characteristic grooved stripes on the glass also acts as a trademark along with its logo, and if you start producing drinks in exactly the same bottle shape, you will be violating the company’s rights to a special branded bottle, and then Coca -Kola has the right to hold you accountable.

The Coca-Cola bottle design is a registered trademark in most countries

A wordmark consists of just a word or phrase, sometimes written in a regular font like Times New Roman, sometimes in a branded font like Coca-Cola.

Combined trademarks consist primarily of a graphic image and an inscription.

Often, from a design point of view, a logo and a word (phrase) complement each other in meaning, but not always.

In the picture below, I gave an example of the SONY and KFC trademarks to clearly show examples of different types of technical specifications: verbal (word only) and combined (word plus image).

A verbal trademark using the example of “SONY” and a combined trademark using the example of “KFC”

The logical question is which trademark to register: verbal, figurative or combined?

It is impossible to give unambiguous advice here; in my subjective opinion, it is better to use a combined trademark, since it is more universal. Although in the world of brands we see verbal, visual, and other technical specifications.

Difference between terms: brand, trademark, commercial
designation, logo, brand

At first glance, all these concepts are similar in meaning, but if you look in more detail, the difference will be colossal.

• Brand- this is a certain set of individual properties of a product or image of a service that distinguishes it from its analogues. In Russian legislation, the process of branding begins with a trademark - creating recognizable distinctive properties of a product or service. For simple understanding, a trademark is not a registered trademark. Yes, it is recognizable, but until it is officially registered with Rospatent it does not have legal protection, and then there is a danger that the trademark you created may already be someone else’s trademark, in which case you risk facing large fines for violating exclusive rights registered technical specification.
• Trademark– these are the distinctive features of goods and services registered in the manner prescribed by law, which serve to individualize legal entities and individual entrepreneurs. The main distinguishing feature of TK from other above-mentioned concepts is its legal protection. And as a result, technical knowledge as a business asset can be turned into real money or other benefits can be obtained: rented out, concluding a license agreement, sold, donated.
• Commercial designation– used to individualize the company itself. For example, the design studio of Vasily Ivanov or the hairdressing salon “Romashka”.
• Logo- a graphic image aimed at creating a strong association in the consumer with the company, goods or services that it sells. A logo is a graphic (design) concept, and a trademark is a legal one.
• Brand– a stable psychological association in the minds of consumers regarding the quality of a company’s product or service. At its core, a brand may not be a registered trademark. The concept of brand is closely related to marketing.

On the contrary, registration of trademark does not mean that from that moment this image, word or combination thereof has become a brand.

Let us summarize the main differences between the 3 above concepts:

1. Trademark– legal category.
2. Logo– graphic (pictorial).
3. Brand– marketing (psychological).

Now you know exactly how these similar concepts differ.

How much does it cost to register a trademark?

If very roughly, then the whole complex of measures will come out to about 50,000 - 80,000 rubles provided that you do not prepare the documents yourself, but entrust this to a legal company.

This includes Rospatent state fees for registration and issuance of a certificate ( 33,000 rubles) plus the work of lawyers on processing applications for interaction with the government. organs: on average from 18,000 rubles to 30,000 rubles .

Let's take a closer look at what exactly the amount of state fees consists of. RUB 33,000 .

Example:

LLC "MIR" decided to register the trademark in 7 classes of the ICLG.
The total amount of state fees will be 52,000 rub..
This amount consists of:
formal examination:
5,500 rub. = 3500 rub.(for 1st class of ICTU) + 1000 rub. x 2 (ICGS classes over 5).
examination of the declared designation:
26,500 rub. = 11,500 rub.(for 1st class of ICTU) + 2,500 rub. x 6 (ICGS classes above 1st).
registration of technical specifications and issuance of a certificate:
20,000 rub. = 16,000 rub.(for 1st class of ICTU) + 1,000 rub. x 2 (ICGS classes over 5) + 2,000 rub.(for testimony).

This calculation is fair if you submit documents by mail to the registration authority, but it can be done cheaper

The amount of fees can be significantly reduced if you submit your application electronically. The amount of the duty is: RUB 36,400(with a 30% discount from 52,000 rub.).

Terms of reference registration period: from 9 months to 2 years and more.

If you decide to understand all the legal intricacies yourself and register a trademark yourself, then the cost of a lawyer’s work can be subtracted from the total costs.

How to register a trademark - step-by-step instructions

Here we will briefly consider the main stages of registration of technical specifications in order to have an overall picture of this process.

Step 1. Development of “creative” - how to come up with an idea and logo for the future technical specification

Whatever you call the boat, so it will float is a fair statement, especially if you do not yet have the very concept of the future “brand”.

What points need to be taken into account when developing a future technical specification: I call this stage “creating creativity.”

If you already have a logo, word or other elements of the future technical specification, then just skip this point and read on.

If you just have to come up with an idea and all the other points, then I believe that this stage is the most important of all those described here. Let's go!

Criteria for a good future TK:

1. Individuality. If possible, your logo or word should be unique and not overlap with the names and images of other well-known companies, especially if you plan to operate in the same area as already well-known companies, for example, producing sportswear or shoes.
2. Memorability. The future brand must be “embedded” in the consumer’s consciousness and form in him a positive, lasting image or association with benefits, quality, and high service.
3. Simplicity. Both in pronunciation of a word (phrase) and in its writing (drawing) there should be no difficulties either for a child or for an 80-year-old grandmother.
4. Harmony and aesthetics. When spoken or heard, the potential client should not have negative or vulgar associations with your “creative”.
5. Unambiguity. If your company sells custom cakes and is called “Sea Breeze” and has a gun or a computer on its logo, it is unlikely to be successful among sweets and dessert lovers. At a minimum, then make the name and logo neutral, and ideally, if the company’s activity profile does not plan to change, reflect the essence of the goods produced.
   

   For example: “Sweet woman” and a logo in the form of a cake, pastry, but with some twist that will set you apart from your competitors.

6. Appropriate and small color palette. It is better to use from 1 to 3 colors, in rare cases up to 5, but no more. The colors themselves should at least indirectly correspond to the profile of the company or the product being sold. So, if you sell furniture, it is better to use brown, light or bed colors in your logo. Blue, yellow, and green are welcome in food products, especially if your company is positioned as a manufacturer of eco-products.
7. Ease of application and scaling. When using a trademark, you will have to apply it to various surfaces of different sizes: from a pencil to a huge banner. Perhaps your logo will be embossed, for example, on a leather notepad, or burned into wood, as is the case with manufacturers of various drinks in bars. Imagine, or better yet, simulate applying the logo to large and small surfaces with different textures, and you will see whether it looks correct.
8. Identical spelling in transliteration (in English letters).
   This criterion is especially important for the future site name, which will be written in English. Compare 2 company names: “HiterBober” (hiterbober.ru) and “Painting Peskostruj” (krasyashchijpeskostruj.ru). When you have to explain to customers how to type your website into the address bar, it is clear that it will be inconvenient, to put it mildly. You will encounter the same problem when writing a website address on company advertising materials: business cards, brochures, banners.

If you take into account all these criteria when creating the name and logo of your future trademark, believe me, you will most likely be successful. Tested by my own experience!

By carefully observing well-known brands, you will be convinced that all their trademarks meet the above criteria.

Dear reader, if you need to professionally develop the name and logo of your company (product or service), our website marketing specialists will help you. To do this, write to us with the subject “Brand creation services” and briefly describe the essence of the task.

Step 2. Determination of ICGS classes (types of goods and services)

ICGS– international classifier of goods and services. Used to determine areas of activity when registering a trademark. Contains 45 classes - areas of activity that a company or individual entrepreneur can engage in under its own technical specifications.

From 1 to 34 classes in the ICTU there are goods, from 35 to 45 - services.

For example, if you are going to produce paints and varnishes, then you should choose class No. 2 “paints, dyes, corrosion protective agents”, and if you want to advise businessmen on promoting the same paints and varnishes and provide them with marketing and advertising services, you need choose class No. 35 “Advertising, business management.”

Each class of the ICGS contains dozens of types of highly specialized areas of activity. You can choose either hotel destinations or the entire class.

The more classes you register for your technical assignment, the more expensive the procedure itself will be, since you will need to pay extra for each class beyond one.

If you have been involved in business before, you are probably familiar with the concept OKVED, in our case, MKTU is an analogue of OKVED, only for registering a trademark.

Step 3. Submitting an application to Rospatent - document templates with explanations

Submission of an application is carried out using this form ()

The applicant’s data is filled in and an image of the future technical specification is attached (if it is registered in pictorial form).

You can track the status of your application on the FIPS website (Federal Institute of Industrial Property of the Russian Federation).

Please note that to receive data you must enter your application number in this box:

On the FIPS website you can find out the status of the application for registration of technical specifications

It will be displayed indicating the current status in this form:

Appearance of the application on the website of the Federal Institute of Industrial Property

Step 4. Passing the “formal examination” stage

Formal examination– this is a check of documents for compliance with the requirements of registration and completeness of the information provided. Based on the results of this stage, the applicant is sent a decision either on a reasoned refusal to accept documents indicating the reason, or on successful registration of the application with the date of its submission.

If your application is accepted based on the results of the formal examination, then the fact that the registration authority’s response indicates the priority date of the application plays into your hands. This means that if, in the end, your trademark is nevertheless successfully registered, then even if someone else (possibly a competitor) submits an application a day later with exactly the same logo or name, your trademark will receive a pre-emptive right to register, and the “competitor’s” application will be declared invalid.

Deadline for formal examination: 1 month from the date of application.

Step 5. Passing the stage “Examination of the declared designation”

More precisely, this stage is called “examination of the designation declared as a trademark.”

It involves analyzing the database of existing technical specifications for similarity with what is submitted in the application. The law has the following wording: “identical or confusingly similar.” This means that if the Rospatent database already contains exactly the same technical specification or one quite similar to it, then on the basis of this you will be refused registration.

However, if this happens, there is no need to panic. You just need to refine your creative in such a way as to eliminate the similarities, and then registration will continue.
Examination period for a designation declared as a trademark: several months from the date of successful completion of the formal examination.

Step 6. Trademark registration and obtaining a certificate from Rospatent

If all the previous stages were successful, then you will register a trademark and be issued a corresponding certificate. At this stage, you will also have to pay a state fee (the amount should be clarified at the date of completion of registration of the technical specification).

All! From this moment on, you (your company) are the legal owner of exclusive rights to your technical knowledge. You can begin to actively advertise it and thereby increase brand recognition and value.

Own experience of registering the trademark “HeatherBeaver”

At a certain stage, my business partner and I had a need to register a trademark for our online project “HeatherBeaver”. Since we are not lawyers and did not want to take risks, it was decided to carry out this procedure through a specialized company.

It seemed reliable to me to contact the Chamber of Commerce and Industry of the Stavropol Territory, since I myself live in Stavropol. After all, this is an official body, and there shouldn’t be any problems with it.

And so it happened, first, together with a specialist, we drew up an application, selected the required ICGS class (No. 35), and went through all the stages. We paid the fees and received a certificate at the exit:

Home page

Certificate for the trademark “HeatherBeaver”, main page.

Insert (page 1)

Insert in the trademark certificate indicating the IKGS class and types of activity, page 1.

Insert (page 2)

Insert in the trademark certificate indicating the ICL class and types of activity, page 2.

Please note that I am the copyright holder as an individual entrepreneur. If you have a need to collectively own exclusive rights to your trademark, you will have to open a legal entity, for example, an LLC and become a founder in it with a partner(s).

Where to register a trademark - expert advice on choosing a company or legal office

Below is a trusted company that will help you with trademark registration and any issues related to intellectual property rights:

« Online patent» – one of the best online services for filing applications with Rospatent. I often use it myself to search the trademark database. That is, here you can check in advance for FREE whether such and such a TK is registered or not. This site is one of the first on this topic, has been working for a long time and is easy to use.

What’s better: register a trademark yourself or with the help of a patent office (law firm)

Here the choice is yours: if you want to independently understand all the intricacies of the process, then do this yourself. If you don’t want to waste time, but are willing to pay money for qualified help, contact a specialized company.

My personal opinion is to turn to a specialized company for help, since the slightest error in the documents can cost you a month or more of downtime, since already at the formal examination stage (1 month) the documents will be returned to you for revision, and time is money, especially in business.

Below I provide a comparative table of the pros and cons of registering a technical assignment independently and with the help of a law firm:

Frequently asked questions about registration of technical specifications - TOP 10

These are the questions that arose for me personally, so here I am answering them.

Question 1. Is it possible to register a trademark for an individual?

A trademark cannot be registered for an individual, since it involves carrying out commercial activities. Trademark can be registered only for an individual entrepreneur (IP) or for a legal entity (LLC, PJSC, CJSC and others).

Question 2. How to check a trademark for free online at Rospatent?

This can be done using the OnlinePatent service. Go to the “Trademarks” section and then select “Trademark Check”. Enter the phrase you are looking for in the search bar. The list of trademarks will display all trademarks registered today, indicating the copyright holder and class(es) of the International Classification of Trademarks.
For example, if you enter the phrase “sly beaver” into the search bar of the service, you will see my technical specification there:

A clear example of searching for trademarks through the “OnlinePatent” service

Question 3. Is it possible to register a trademark yourself?

Yes, you can. To do this, you need to develop a concept for a future trademark and submit an application for registration to Rospatent according to the instructions described in this article. If you don’t feel strong enough and are afraid that you won’t be able to cope with this, contact a specialized legal office.

Question 4. What happens if you don’t register your trademark, but simply use an image, word (phrase) in your commercial activities?

Question 5. What is the liability for copyright infringement for the illegal use of someone else's technical knowledge?

This will result in a fine from 10,000 rubles to 5,000,000 rubles often with the confiscation of counterfeit products, if we are talking about goods. The court assesses the amount of damage caused to the copyright holder, who provides relevant evidence.
Starting with the total amount of damage 250,000 rubles, the violator faces monetary compensation in 200,000 rubles or correctional labor for up to 2 years.

Question 6. How long does it take to register a trademark?

Based on my experience, registration of technical specifications in one class of the ICGS takes about 10 months. On average, the entire procedure takes from a year to one and a half to two years. In special cases and more.

Question 7. For how long is the technical assignment registered and what to do after its expiration?

A trademark is registered for a period of 10 years with the possibility of an unlimited number of renewals for the same period. After the expiration of this period, the copyright holder again pays the state duty for the extension of the protection of exclusive rights to the trademark.

Question 8. What happens if you don’t use a registered trademark for a long time?

If you do not actively use your TK for three years, then another person or company may sue to have your right to this TK revoked and then the potential applicant will be able to register it in his name. But for this it is necessary to prove that your technical knowledge was not used at all by you or your company for its intended purpose.

Question 9. Who is a patent attorney and why is he needed?

A patent attorney is a specially authorized person with certain qualifications who can perform legal procedures and assist citizens and companies in interacting with government agencies on intellectual property issues. To register a trademark, transfer rights to it and to resolve other legal issues in this area, you can contact a patent attorney. However, ordinary lawyers will also help you in solving such problems.

Question 10. Is it possible to sue a site’s domain name from its owner if I am the owner of a trademark of the same name?

There are precedents in judicial practice when one person registered a domain name in his name and even created a website on it, and the company (entrepreneur), which is the owner of exclusive rights to its trademark, filed a lawsuit against him and won.

The domain had to be transferred in court to the legal copyright holder of the trademark. Everything would be fine if the domain was registered later than the trademark, BUT! There have also been cases when it was necessary to give a domain to the owner of a trademark of the same name, which was registered later than the domain. Thus, a new type of raiding emerged, known today as reverse domain takeover.

That is, conditionally, on February 10, 2018, you registered the domain “zapahromashki.ru”, and on August 10 of the same year (6 months later) by entrepreneur Ivanov I.I. The trademark “Smell of chamomile” was registered. And, attention! Most likely, the court will award the right to the domain to the owner of the trademark, despite the fact that he registered his trademark much later. Honestly, when I learned that such cases took place, I was simply horrified and bewildered!

At the same time, the domain owner could not even know that one day someone would sue him and thus take away the name of his site. But, alas, the law is harsh, and first of all it protects the interests of the copyright holder. By law, a domain in the “ru” zone automatically falls under the influence of a trademark. Therefore, ideally, if you are planning to register a domain, check if there is such a trademark, or even better, start registering it yourself along with purchasing the domain.

Conclusions

Registering a trademark is an excellent way to protect your business in competition, increase the value of the company and its prestige, and uniqueize your goods and services.

From my own experience, I was convinced that having exclusive rights to your intellectual property, you can earn good money, in my case, by selling your trademark many times more than it cost to register it.

If you have seriously decided to engage in any commercial project, then my good advice to you: even at the start stage, register your technical specifications, this will help you both in the process of the activity itself, and in the event of selling the business, it will make it more expensive by at least 30%, and maybe and several times.

In addition, if you are planning to create a franchise by leasing the rights to use a popular trademark, there are no options here; you will have to register a technical specification.

So, you purchased a cash register and selected an operator. Now you can start registering your online cash register with the tax office.

This can be done in different ways: upload documents via the Internet or submit to the tax office “the old fashioned way” - bring it in person, transfer it through a representative with a notarized power of attorney, or send it by mail.

Registering a cash register with the tax office is mandatory and free - no one has the right to charge you money for registration as such, only for intermediary services. Representatives of the central technical service center or office of financial departments can become intermediaries: their employees will do everything for you for a fee. But if you do not plan to seek help from specialists, then you can handle it yourself.

The easiest way would be to register an online cash register via the Internet: the whole process takes place in the taxpayer’s personal account on the website nalog.ru. There is no need to collect and fill out paper documents, or take the cash register to the tax office for inspection and fiscalization: you simply enter the necessary data into the web form.

Registering an online cash register with the tax office: step-by-step instructions

Here's what the step-by-step instructions for registering a cash register with the tax office looked like before:
Step 1. Conclusion of an agreement with the central service center.
Step 2. Preparation of necessary documents.
Step 3. Submission of documents to the Federal Tax Service.
Step 4. Inspection and fiscalization of the cash register at the Federal Tax Service.
Step 5. Receive a KKM registration card.

If you wish, you can follow this scenario, but compare how much easier everything is if you register your cash register online. A preliminary conclusion of an agreement with the central service center is no longer required by law, the steps are simplified, and most importantly, everything can be done remotely. Previously, the procedure took several days, but now it takes minutes, and there is no need to come to the Federal Tax Service and bring the cash register there.

As a result, we get a new procedure for registering a cash register online with the Federal Tax Service and OFD:
Step 1. Submitting an application for registering a cash register with the Federal Tax Service through the taxpayer’s personal account online on the website nalog.ru. And immediately - receive the registration number of the cash register.
Step 2. Independent fiscalization. (In our example, the ATOL CCP registration utility was used.)
Step 3. Receive a cash register registration card from the Federal Tax Service.
Step 4. Registration of the cash register in the OFD personal account.

Scenario 1. Registering a cash register with the Federal Tax Service through your personal account

Registration of cash registers is carried out through the taxpayer’s personal account on the tax website nalog.ru. To do this, you will need a valid electronic signature (ECS) issued in the name of the individual entrepreneur or the general director of the LLC. And don’t forget to select the OFD in advance - you must indicate it during the registration process.

Step 1. Submitting an application for registration of a cash register and obtaining a registration number of a cash register.

In your personal account, open Accounting for cash register equipment or All ticket offices → Register cash register → Fill in the application parameters manually. Next, indicate:

• address where you will install the cash register
• company name,
• field of activity,
• model and serial number of the cash register - indicated in the passport or on the case,
• fiscal data operator,
• the mode in which you will use the cash register,
• model of the fiscal drive - written in the drive’s passport,
• fiscal drive number - indicated on the box or on the drive.

Click the button Sign and send.

When the tax office processes the application, in the section Cash register equipment in line State a status will appear indicating that the cash register has been assigned a registration number. The number itself will be nearby.

Step 2. Fiscalization. Utility for registering cash registers (ATOL)

After assigning a registration number, the cash register must undergo fiscalization. When you register online, you can do it yourself. To do this, you will need the data that was present in the application, so in advance, in separate windows, open detailed information on the cash register and the notification of assignment of a registration number.

To fiscalize the Atol cash register, you need:

1. Connect the cash register to your computer via USB.
2. Download and install drivers to configure the cash register. To install drivers, open the archive and go to the folders Installer → Exe. Run the installation file and follow the steps that the program suggests.
3. Run the program Driver test .
4. Open tab CCP registration. Click the button Properties at the top right of the screen.
5. In a new window, check the fields:

• Model - Automatic
• Communication channel - USB

Press the button Search .

A list of ports will appear in the window that opens. You need to press a button Search and select the cash register in the column Information. The cash register must have a USB port. Then you need to press the button Choose. A window will open Properties.

In the window that opens, click the button Checking connection. In the field Result you will see information about the cash register. Need to click OK and switch to tab Registration of CCP

Don't forget to indicate the CCP Registration Number. This is the number that the tax office assigned to the cash register upon registration. Enter strictly without spaces.

• name indicating the form of ownership,
• the address indicated when registering the cash register,
• place of payment - for an online store, write the website address; for delivery trade - the phrase “distribution trade” and vehicle data; for a taxi - vehicle data; for peddling trade - the phrase “pedestrian trade”,
• sender's e-mail.

Then you need to check the boxes Cash register settings in the fields that you indicated when registering the cash register, fill in the address of the Federal Tax Service website (www.nalog.ru) and enter the data to connect to the OFD.

To check the data, check the box Included- located under the button Properties.Press the button Registration at the bottom of the screen. A registration report will appear with the fiscal document number, date and time of the transaction, and fiscal attribute. The report will be required to complete registration. Click Save and close.

To complete registration, you need to return to the section Cash register equipment in your personal tax account and click Complete registration. Then fill in the fields from the registration report:

• date and time of receipt of the fiscal sign,
• fiscal document number,
• fiscal sign.

After this you need to click Sign and send.

Step 3. Cash register registration card

After registering the cash register in the taxpayer’s personal account in the section Information on the passage of documents sent to the tax authority, an electronic cash register registration card will appear opposite your cash register. From this moment on, the cash register is legalized, and working with it is legal. The date of registration with the Federal Tax Service is the date the card is issued.

The card is signed with an enhanced qualified electronic signature. Changes are made to it when the parameters specified during registration are changed, as well as when the fiscal drive is replaced. When purchasing a used cash register, the cash register registration card is transferred to the new owner.

If necessary, you can obtain a paper copy from the Federal Tax Service. If the card is damaged or lost, a duplicate is issued. In this case, no fines are imposed.

Step 4. Registration of the cash register in the OFD

After receiving the registration card, working with the cash register is already legal, but not yet possible: it does not yet transfer data to the OFD (in the agreement with the OFD, which you have already concluded, there is no registration information about a specific cash register). To start online data transfer, you need to register the cash register in the OFD. This is the final step and it's very simple.

Log in to your OFD personal account.

Open the cash register tab, select Connect cash register.

In the Cash Register Registration window that opens, fill in all fields.

Take all the information from the registration report that was printed in the previous step.

In the field Internal name of cash register You can assign an arbitrary name to the DF.

Scenario 2. How to register a cash register with the Federal Tax Service

Although doing everything online is much easier and more convenient, registering a cash register with the tax office “the old fashioned way,” through the Federal Tax Service branch, is still possible and legal.

Attention! Use the printed application form in the form KND-1110061 (download the form). The application on form KND-1110021 (old sample) does not contain the fields necessary to enter complete information about the online cash register (for example, model and FN number). Therefore, it is not suitable for registering cash registers.

Download the application form according to the form KND-1110061

Download a sample application form KND-1110061

If you are going to register a cash register through a branch of the Federal Tax Service, do not forget to take with you your cash register and financial tax passports, as well as a document confirming your authority in the organization. The law does not oblige you to provide these documents, but they may be needed to properly register the cash register with the tax office.

Today, the law provides for a general system for registering cash register equipment. Previously, registration of a cash register with the tax office for an LLC was carried out at the place where the cash register was installed, for an individual entrepreneur - at the place of registration of the entrepreneur. Now you can contact any Federal Tax Service. Registering a cash register for individual entrepreneurs and organizations is the same: you can submit an application to any tax authority.

The period for registering a cash register with the Federal Tax Service from the date of filing the application is 5 working days: according to paragraphs. 7 and 11 art. 4.2 of Law No. 54-FZ of May 22, 2003, the KKT registration card is issued by the tax office after the expiration of this period from the date of filing the application for registration.

The old method of registration - when you bring documents to the Federal Tax Service and then, on the day appointed by the employees, bring the cash register there for inspection and fiscalization - is still valid, it has not been canceled. But registering a cash register is much more convenient via the Internet. The possibility of remote registration is one of the noticeable advantages of the new cash register system.

To generate documents for individual entrepreneur registration, you can use the free online service directly on our website. With its help, you can prepare a package of documents that meets all the requirements for completion and legislation of the Russian Federation.

This step-by-step instruction describes in detail the procedure for state registration of individual entrepreneurs. With its help, you will get the most complete idea of ​​how to open an individual entrepreneur in 2019, save your time searching for the necessary information, and also learn about free online services that greatly simplify the process of registering an individual entrepreneur.

1. Select the method of individual entrepreneur registration

There are two ways to open an IP:

1. Self-registration of individual entrepreneurs. A fairly easy procedure, which consists of preparing a few simple documents. In addition, budding entrepreneurs will gain valuable experience interacting with tax officials.
2. Paid registration of individual entrepreneurs through a specialized company. Suitable for those who want to save their time and do not want to delve into the process of government registration of individual entrepreneurs on their own.

How much does it cost to open a sole proprietorship?

Register an individual entrepreneur yourself

Note: Some of the above expenses can be returned if you are registered with the employment center as unemployed.

Paid to open an individual entrepreneur through a specialized company

The cost of paid registration of an individual entrepreneur depends on the region, but usually ranges from 1,000 to 5,000 rubles. The state fee for registering an individual entrepreneur is not included in this amount. Services for making a seal and opening a current account may sometimes not be provided or may require an additional fee.

Comparison of self-registration and paid registration of individual entrepreneurs

Registration method	Advantages	Flaws
Self-registration of individual entrepreneurs	Useful experience in preparing documents and communicating with government agencies. Saving money on paid services from law firms.	Possible refusal of registration due to errors in prepared documents. As a result, there is a loss of time and money (800 rubles). BUT, if you follow these instructions and carefully prepare documents, the risk of refusal is reduced to 0.
Paid registration of individual entrepreneurs through a law firm	The registrar company assumes the risk of refusal of registration. Preparation, submission and receipt of documents from the tax service are possible without your participation.	Additional costs. Transfer of personal data to third parties. You will have a poor understanding of the individual entrepreneur registration procedure.

2. We select OKVED activity codes

Before preparing documents, you need to select from the OKVED directory the codes of the types of activities that you are expected to engage in after registering an individual entrepreneur.

In practice, OKVED codes are usually chosen with a reserve. Even if you are not exactly sure whether you will engage in this activity or not, it should still be included in the list. According to them you won't have to additionally pay taxes and submit reports, since these factors directly depend only on the chosen taxation system. However, if necessary, you can always add OKVED codes after opening an individual entrepreneur.

Although the law does not establish any restrictions on the maximum number of OKVED codes, it is not recommended to indicate more than 57 of them in the application for registration of an individual entrepreneur (that much can be placed on one sheet). At the same time, you can only indicate OKVED codes consisting of at least 4 digits.

One of the selected codes must be selected as main. In fact, only the right to apply reduced rates when paying insurance premiums for employees depends on it (provided that the individual entrepreneur officially has employees and this type of activity will generate at least 70% of income).

Please note, you cannot conduct business without indicating the OKVED code, as it may be equated to illegal entrepreneurship.

Free consultation on individual entrepreneur registration

3. We prepare the necessary documents

Application for registration of individual entrepreneur

An application in form P21001 is the main document required for registration of an individual entrepreneur (download the form). Detailed instructions for filling out, as well as application samples for 2019, can be found on this page.

Be careful to sign the application at the stage of preparing documents no need. This will need to be done when submitting documents in the presence of a tax inspector (notary - if you register an individual entrepreneur through a representative).

Most often, individual entrepreneur registration is denied precisely because of errors made when filling out the application. To avoid finding yourself in a similar situation, we recommend filling out an application through specialized free services.

Receipt for payment of state duty

In 2019, the state fee for registering individual entrepreneurs, as in 2018, is 800 rubles. You can generate a receipt, as well as pay for it online, using this service on the official website of the Federal Tax Service. There you can print it out in paper form and pay at any convenient Sberbank branch.

Keep your receipt confirming payment. You will need it when checking documents at the tax office. In general, you are not obliged to keep it, but not all inspectors of the Federal Tax Service know about this, so it is better in such a situation to play it safe and take the receipt with you.

Application for transition to simplified tax system

It is very important to choose the correct taxation system, since the amount of taxes paid and the number of reports submitted will depend on it.

Most beginning entrepreneurs are recommended to use the simplified taxation system (STS), since it can be used to engage in almost all types of activities, and it is the easiest to understand and profitable to use.

5. Submit documents to the tax office

The collected documents must be submitted to the registering Federal Tax Service at the place of residence of the individual entrepreneur or at the temporary registration address if the entrepreneur does not have permanent registration. You can find out the address and contact information of your tax office using this service.

If a future individual entrepreneur submits papers personally, he needs:

1. Submit a set of documents to the Federal Tax Service officer.
2. In the presence of an employee, sign the application for registration of individual entrepreneurs.
3. Receive a receipt confirming the delivery of documents (with a signature, seal and the date when you need to come for the completed documents of the individual entrepreneur).
4. Take one copy of the notice of transition to the simplified tax system with the date, signature and seal of an employee of the Federal Tax Service (it may be required to confirm your transition to the simplified tax system).

For filing papers through a representative or sending by mail it is necessary to certify and submit an application in form P21001 and a copy of all pages of the passport from a notary. Additionally, the representative must make a notarized power of attorney. When sending documents by mail, they must be sent by a valuable letter with a list of the contents and a notification to the address of the Federal Tax Service.

6. We receive documents of a registered individual entrepreneur

On the date indicated by the inspector, you need to come to the tax office yourself to get ready-made documents (in 2019, the period for registering an individual entrepreneur should not exceed 3 working days). You must have your passport and receipt with you. The representative will additionally need a power of attorney.

Note: if you cannot come to pick up the documents on the specified day, they will be sent by mail.

If registration is successful, the inspector must issue you:

1. USRIP record sheet (with OGRNIP number).
2. TIN certificate (if you didn’t have a TIN before).

Some Federal Tax Service Inspectors may additionally immediately issue:

• Notification of registration with the Pension Fund (PFR);
• Notification of assignment of statistics codes (from Rosstat).

Necessarily check the information in the received documents. If you find errors, immediately contact the employee who gave you the papers to draw up a protocol of disagreements. If errors were made due to the fault of the registering tax office, they must correct them promptly and free of charge.

Please note, from January 1, 2017, the Federal Tax Service stopped issuing a certificate of registration of individual entrepreneurs in paper form. Instead, the tax office now issues a Unified State Register of Entrepreneurs (USRIP) entry sheet in form No. P60009, which has the same legal force as the previously issued state registration certificate.

Note: if you plan to officially hire employees, then you no longer need to register with the Pension Fund as an employer. From January 1, 2017, the application procedure for registration has been canceled for individual entrepreneurs. Registration and deregistration with the Pension Fund of Russia can be carried out on the basis of information contained in the Unified State Register of Legal Entities, the Unified State Register of Individual Entrepreneurs and the Unified State Register of Entrepreneurs and it is not at all necessary to submit additional documents (letter dated January 31, 2017 No. BS-4-11/1628@).

To register with the Social Insurance Fund, an individual entrepreneur must submit an application for registration as an employer no later than 30 calendar days from the date of hiring the first employee.

If you are on this portal for the first time, but are interested in issues of registering LLCs and individual entrepreneurs, then you can get answers to any questions about opening an LLC or individual entrepreneur using free consultation service on business registration:

STEP 0. General information about the individual entrepreneur

An individual entrepreneur is an individual entrepreneur. And an individual entrepreneur, from the point of view of the law, is an individual registered in the manner prescribed by law, who has the right to conduct entrepreneurial activities (i.e. business) without forming (creating, establishing) a legal entity (LLC, CJSC, etc.) . In other words, this is the same physicist, but with legal rights to conduct commercial activities.

An alternative to registering an individual entrepreneur is registering an LLC, where an individual also acts as the sole founder. In Russian practice, 75% of created limited liability companies are LLCs created by a single individual.

When choosing between opening an individual entrepreneur and an LLC in 2019, it is worth assessing the scale of the planned business and possible risks. If, as part of this business, you do not plan to take out large loans from banks or other funds, if the risks of going broke and being left with debts are minimal, then, of course, you should register yourself as an individual entrepreneur, because For individual entrepreneurs, the procedures for registration, termination of activities and submission of reports are simpler, and taxation in many cases is more profitable.

However, The individual entrepreneur is responsible to his creditors and for his obligations with ALL OF HIS PROPERTY (with the exception of the list of property that cannot be foreclosed on, for example, the only home), even if it is not involved in business activities.

In the case of an LLC, the situation is somewhat different: a legal entity risks (that is, bears financial responsibility) only within the limits of funds and property that are listed on the balance sheet of the enterprise. At the same time, you need to know that if an organization is brought to bankruptcy due to the actions of a participant, then he can be held by the court to subsidiary (additional) liability. In this case, the participant will repay the debts of the LLC from his personal property.

STEP 1. Select a method for registering an individual entrepreneur

To register you as an individual entrepreneur, you need to go through the state registration procedure with the relevant registration authority of the Federal Tax Service at the place of your registration/residence.

You can go through the individual entrepreneur registration procedure in any of the following ways:

Register an individual entrepreneur yourself in 2019
We advise aspiring entrepreneurs to go through the individual entrepreneur registration procedure on their own. This is quite simple and will give you your first experience of interacting with the tax authorities.

Register an individual entrepreneur with the help of professional registrars
Registrars will not only prepare registration documents, but also advise on taxation issues, if necessary, submit and receive documents to/from the registration authority without your presence, help you promptly open a current account (in addition, they will offer accounting services, printing, credit, a cup of coffee, etc.). d.).

In this table we compared the pros and cons of both options for registering individual entrepreneurs:

Actions	Price	Pros	Cons
Registration of individual entrepreneurs yourself	800 rub.	Gaining experience in preparing documents and communicating with registration authorities. No costs for registrar services, as well as no time if registration is carried out using the Federal Tax Service "Online registration of individual entrepreneurs" or our service.	Not detected if you follow basic registration rules.
Registration of individual entrepreneurs through registrars	Price for registrar services from 200 to 5 thousand rubles 800 rub.- state duty for state registration of individual entrepreneurs	You can become an individual entrepreneur without leaving your couch. Saving time on making a seal and opening an account.	You will have a superficial knowledge of the registration procedure. The risk of leaving your passport data to someone unknown. The need for additional costs.

When preparing on your own, you will need to incur the following costs:

* - stamp and invoice for individual entrepreneurs are not mandatory, therefore the final cost of registration is equal to the amount of the state duty, i.e. 800 rubles.

STEP 2. Name of the individual entrepreneur

According to the law, only a legal entity can have a beautiful and impersonal name in business activities. An individual entrepreneur is an individual, therefore this person must be named in official documents (on a seal, on checks, on forms, etc.) by his full name, for example, IP Ivanov I.I.

However, an individual entrepreneur can register a trademark or service mark, or use a commercial designation that does not need to be registered.

The simplest option is, of course, to use a commercial designation, which is used to individualize a property complex, for example, the Romashka cafe, the Beaver restaurant, the Lisichka dry cleaner, etc. In turn, a trademark serves to individualize goods, and a service mark serves to individualize services (the latter two marks must be registered separately).

STEP 3. Place of registration of individual entrepreneur

In sheet A of application P21001, you can enter 57 OKVED codes, but if one sheet A is not enough to indicate all types of proposed activities, you are allowed to fill out additional sheets. Specifying several codes does not oblige you to conduct business in all of them, but one type of activity must be chosen as the main one.

If you prepare documents through our service, then at this step you will be offered a choice from a drop-down list with codes and a search bar. Please note that to include in the application, you must select only those codes that consist of 4 or more digits.

STEP 5. Fill out an application for registration of individual entrepreneurs according to form P21001

Please note: from April 29, 2018, the applicant must indicate his email address in the registration application. Documents confirming the fact of registration (USRIP or Unified State Register of Legal Entities, charter with a mark from the Federal Tax Service, tax registration certificate) are sent by the inspectorate not in paper form, as before, but electronically. Paper documents, in addition to electronic ones, will be available only upon request of the applicant.

To complete the application using the appropriate software or service, we recommend:

1. 
   This service will allow you to apply for registration as an individual entrepreneur and pay the state fee online. To obtain documents confirming your registration as an individual entrepreneur, you will need to come to the appropriate registration authority.
2. 
   Using our service, you can prepare a complete set of documents for individual entrepreneur registration, print them and take them to the registration authority. To work with the service, you only need to register with your email account.

Below is an example of filling out form P21001 for a fictitious entrepreneur Ivanov I.I. from Volgograd.

Please note that persons who are not citizens of the Russian Federation fill out information on a document permitting a residence permit or temporary residence. Foreigners and stateless persons must also additionally fill out paragraph 1.2, but in Latin. Russians do not fill out clause 1.2.

Examples of filling out pages:

• Form 21001. Page. 1. The basic data of the future entrepreneur is indicated.
• Form 21001. Page. 2. The place of registration according to the passport and passport details are indicated.
• Form 21001. Page. 3. The types of activities that the future entrepreneur will engage in are indicated.
• Form 21001. Page. 4. Page with the applicant’s signature. It is most often signed at the registration authority when submitting documents or at a notary if the documents are submitted by another person.

When preparing an application on your own on a computer, be sure to pay attention to the font type and size. According to the Federal Tax Service Requirements, all data must be entered only in capital letters in Courier New font with a height of 18 points. You can check the correctness of the font in the completed and printed application P21001 by placing another sheet of paper on top with capital letters of the Courier New font printed on it, 18 points high (as a standard), and compare their sizes in the light.

STEP 6. Pay the state fee for individual entrepreneur registration

You can pay the state fee for registering an individual entrepreneur as follows:

1. electronic payment within the online service of the Federal Tax Service for registration of individual entrepreneurs;
2. or fill out the receipt form manually. To do this, you will need to find out the details of your registration authority. You can find out the details on the Federal Tax Service website or directly from your registration authority;
3. or use the Federal Tax Service service to generate a receipt for payment of the state fee for registering an individual entrepreneur;
4. or use, which will prepare you a receipt for payment of the state fee for registering an individual entrepreneur along with other documents.

Service for preparing documents for registering LLCs and individual entrepreneurs, as well as the documents themselves
are provided absolutely free of charge in any quantity and without any restrictions

What to do if you have been refused registration as an individual entrepreneur or LLC? From October 1, 2018, the applicant can again submit documents for registration of an individual entrepreneur or LLC. You must contact the Federal Tax Service within three months after the decision to refuse is made, and this can only be done once.

A sample receipt for payment of state duty is available in the section.

Since 2019, applicants who submit documents for individual entrepreneur registration through the Federal Tax Service website or the government services portal are exempt from paying state fees (Article 333.35 of the Tax Code of the Russian Federation). However, this is only possible with an enhanced qualified electronic signature.

STEP 7. Choose a tax system

The tax regime or taxation system is a certain procedure for paying taxes. For individual entrepreneurs in Russia, there are five, differing in tax burden, reporting and activity restrictions. The wrong choice of taxation system at the start can significantly affect the reduction in profits received from the business.

The most popular taxation system among beginning entrepreneurs is the simplified tax system. If you use our , then in step 3 you can choose the simplified tax system 6% or 15%, and the service will prepare you a notification about the transition to the simplified tax system along with other documents. Most inspectorates request two copies of the notification, but some Federal Tax Service Inspectors require three. One copy will be given back to you with a tax office stamp.

Service for preparing documents for registering LLCs and individual entrepreneurs, as well as the documents themselves
are provided absolutely free of charge in any quantity and without any restrictions

After registering as an individual entrepreneur, you can also go to UTII or PSN if your activities fall under these tax regimes. In addition, you can combine such modes as simplified taxation system and UTII, simplified taxation system and PSN, simplified taxation system and unified agricultural tax.

To calculate the tax burden for different regimes, we recommend contacting professionals. Our users have a unique opportunity to receive free hour consultation on choosing a tax regime from 1C specialists:

For more detailed information about individual entrepreneur taxes, as well as individual entrepreneur insurance premiums (with examples, with sample documents and recommendations), read the relevant articles: And .

STEP 8. Find the IP registration authority

State registration of an individual entrepreneur is carried out at the registration authority at the place of his (the individual entrepreneur’s) residence, that is, at the place of registration indicated in the passport. If the passport does not contain a place of registration, then registration of an individual entrepreneur can be carried out at the registration authority at the place of residence of the individual entrepreneur. In large cities there are special registration offices of the Federal Tax Service; in Moscow, for example, this is.

To determine your registration authority at the place of your registration or stay, we recommend that you use the Federal Tax Service service “Determining the details of the Federal Tax Service, the state registration body of legal entities and/or individual entrepreneurs serving this address.”

STEP 9. Let’s take a break and count the documents received

Since registration of an individual entrepreneur is the simplest of all registrations, you will not have very many documents:

1. application for registration in form P21001 - 1 copy;
2. receipt of payment of state duty - 1 copy;
3. a copy of the main identification document (Russian passport, if you are a citizen of the Russian Federation) - 1 copy;
4. notification of transition to the simplified tax system - 3 copies.

In addition, when preparing the application P21001, you need to check the corresponding box on sheet B. Enter the value “2” (issued to the applicant or a person acting on the basis of a power of attorney) instead of “1” (“issued to the applicant”).

STEP 12. Check the documents and submit them for registration

Collect all the documents, not forgetting to pay the state fee for registering an individual entrepreneur, and submit them to the registering tax office. Before submitting documents, be sure to double-check all documents and the data specified in them. Additionally, we recommend that you familiarize yourself with (partially these reasons overlap with refusals to register individual entrepreneurs).

Compliance with the above rules will help you avoid mistakes when preparing registration documents, but regional specifics cannot be ruled out (when local tax authorities may impose requirements that are not explicitly stated in the laws). Available for our users free document verification service for business registration 1C specialists:

When submitting documents to the registration authority, do not forget:

1. sign the application for registration in form P21001 in the presence of an employee of the registration authority (if he and you forget about this, there will be a refusal);
2. Get a receipt from a Federal Tax Service employee with a list of documents you submitted.

STEP 13. Receive registration documents

STEP 14. After registration

If the registration was successful, and we have no doubt about it, then please accept our congratulations! All that remains to be done now is:

• register as an employer with the Pension Fund of the Russian Federation and the Social Insurance Fund if you have employees;
• get ;
• make a seal;
• open in a bank;
• if you need them;
• get if your type of activity is licensed;
• purchase if necessary;
• provide IP

You can get answers to any questions about registering LLCs and individual entrepreneurs using