Registration of a Company Name and Logo

How to Register a Company Name When Establishing a Legal Entity

Before registering a legal entity, it is necessary to ensure that the chosen name:

• does not coincide with already registered company names;

• does not infringe rights to registered trademarks (if used as part of a brand or logo);

• does not mislead consumers, especially if it reflects the type of activity, territory, scale, or affiliation with a well-known group.

Formal Requirements for a Company Name

Pursuant to Article 1473 of the Civil Code of the Russian Federation, a company name must include:

• the legal form (Limited Liability Company, Joint-Stock Company, Public Joint-Stock Company, and others);

• a distinctive element (for example, “Altair,” “New Logistics,” “GeoProm”).

Restrictions:

• it is not permitted to use full or abbreviated names of government authorities, “Russia,” “Moscow Region,” and similar terms without approval from the Ministry of Justice or authorized bodies;

• it is prohibited to use designations identical or confusingly similar to those already registered.

Filing an Application and Registration with the Federal Tax Service

Stages:

1. Preparation of the charter and the decision to establish the legal entity with the chosen name;

2. Submission of the set of documents to the registering authority (the Federal Tax Service) at the place of registration;

3. Receipt of the registration certificate indicating the company name.

Registration is carried out within three business days, after which the name is deemed officially recognized.

Logo Registration

In legal terms, a logo is:

• a graphic or word-and-graphic image used by a company to identify goods, services, or activities;

• an element that may include the company name, color scheme, symbols, slogans, and other stylistic components.

From a legal perspective, a logo is subject to registration as a trademark (or service mark) if it is used to individualize goods or services on the market.

Registration is carried out through the Federal Service for Intellectual Property (Rospatent). This grants exclusive rights to the logo and allows the right holder to:

• prohibit competitors from using similar designations;

• license or assign the logo under a transfer agreement;

• use it in franchising and marketing strategies;

• include the trademark in the Customs Register of Intellectual Property Objects to combat counterfeits at the border.

Stages of Logo Registration

1. Checking the logo for uniqueness (using Rospatent databases);

2. Selection of classes under the International Classification of Goods and Services;

3. Filing an application with Rospatent (electronically or on paper);

4. Formal examination (two months);

5. Substantive examination (up to twelve months);

6. Registration and issuance of a certificate (entry into the register, publication).

Foreign legal entities may register a logo in the Russian Federation:

• directly (if they have a representative office);

• through an authorized patent attorney;

• through international registration under the Madrid Agreement (if the applicant’s country participates in the system).

Protection of a Company Name

In Russia, there are several forms of legal protection for a company name and related identification elements. Depending on how the name is used (in constituent documents, advertising, product design), different legal regimes apply.

Company Name

A company name is the name of a legal entity registered in the Unified State Register of Legal Entities. Its protection is based on:

• Article 1474 of the Civil Code of the Russian Federation — the exclusive right belongs only to the registered organization;

• it is valid throughout the entire territory of the Russian Federation;

• it does not require separate registration with Rospatent.

Examples of infringements:

• registration of a legal entity with an identical or similar name;

• use of another company’s name in advertising, documents, websites, and similar materials.

Protection mechanisms:

• a cease-and-desist letter demanding termination of use;

• a claim seeking prohibition, compensation, and removal of infringing information;

• a complaint to the Federal Antimonopoly Service in cases of unfair competition.

Trademark

A trademark (logo, name, word or graphic designation) requires separate registration with Rospatent. Only after obtaining a certificate does the exclusive right to use arise within the selected classes of the International Classification of Goods and Services.

Advantages:

• the right to prohibit the use of similar designations;

• the possibility of including the mark in the Customs Register of Intellectual Property Objects for border control;

• the ability to transfer rights under a license, franchise, or assignment.

Protection mechanisms:

• a claim for infringement of trademark rights (Article 1515 of the Civil Code of the Russian Federation);

• recovery of compensation of up to five million rubles;

• administrative measures (through Rospatent, the Federal Antimonopoly Service, and customs authorities).

Commercial Designation

This is the name under which a business actually operates but which is not registered as a company name or trademark.

• It may be used by individual entrepreneurs, branches, and separate subdivisions;

• It does not require registration but must be publicly recognizable;

• It is protected if there is evidence of stable use and recognition in the market.

Examples:

• a coffee shop called “Coffee Plus” without a trademark but with a well-established business reputation;

• a franchisee operating under a common name without trademark registration.

Protection mechanisms:

• a claim seeking prohibition of misleading practices;

• confirmation of the designation’s recognition among consumers.

How to Protect Against Copying of a Name and Logo

Pre-Trial Protection

The first step is to send a cease-and-desist letter to the infringer. This is important not only as a means of pressure but also to comply with the mandatory pre-trial procedure required for court action.

The letter should specify:

• the right to the name or logo (extract from the Unified State Register of Legal Entities, Rospatent certificate, and similar documents);

• a description of the infringement (website, documents, advertising);

• a demand to cease use and compensate for damages;

• a deadline for voluntary settlement.

In most cases, the parties reach an agreement.

Judicial Protection

The right holder is entitled to file a claim with a commercial court seeking:

• a prohibition on the use of a misleading designation;

• recovery of damages or compensation (up to five million rubles under Article 1515 of the Civil Code of the Russian Federation);

• an order to change the company name in the Unified State Register of Legal Entities;

• recognition of actions as unfair competition (in cases of customer diversion, imitation, and similar conduct).

Successful protection requires submission of evidence of registration and use of the designation, as well as materials confirming the fact of infringement.

Administrative Measures

Where copying is associated with unfair competition, it is possible to file a complaint with the Federal Antimonopoly Service of Russia. The legal basis is Article 14.6 of Federal Law No. 135-FZ “On Protection of Competition.”

The Federal Antimonopoly Service may:

• issue an order to eliminate the violation (including changing the name or terminating advertising);

• impose a fine of up to 500,000 rubles on a legal entity;

• refer the case to court for compulsory enforcement of the order.

Online Protection

If copying occurs on the internet (for example, via a fraudulent website), it is possible to:

• contact the hosting provider with a request to block the resource;

• file a complaint with the domain administrator (for example, through RU-CENTER or the Internet Corporation for Assigned Names and Numbers);

• apply to court seeking blocking of the website or seizure of the domain name (if it infringes trademark rights).

Combating Copying at the Border

If a trademark is registered, it may be entered into the Customs Register of Intellectual Property Objects. This allows the right holder to:

• monitor and block the import of counterfeit products;

• respond promptly to attempts to unlawfully use the logo during importation.

Specifics of Registration and Protection for Foreign Companies

If a foreign company opens a representative office, branch, or subsidiary in Russia, it may:

• register a company name through the establishment of a Russian legal entity with the Federal Tax Service;

• register a trademark (including a logo and name) through a patent attorney accredited with Rospatent.

If a company has registered a trademark in its home country, it may extend its protection to Russia under the Madrid Agreement and Protocol.

Advantages:

• one set of documents for multiple countries, including the Russian Federation;

• the application is filed with the national patent office in the applicant’s country;

• savings on fees and procedures.

After filing and formal examination, Rospatent decides whether to grant or refuse protection in Russia.

A foreign company may protect its name or logo in Russia even without formal registration if:

• the designation has become known on the Russian market (for example, through distributors, franchising, or advertising);

• the infringer uses a designation capable of misleading consumers;

• there is evidence of actual use of the mark in the Russian Federation.

Russian courts recognize such cases and apply the rules on unfair competition, as well as the provisions of the Paris Convention.