Step-by-step instructions for self-registration of an individual entrepreneur. What is called a “trademark” and why does a company need it?

Government agencies offer to use their services electronically on the State Services portal to both individuals and legal entities. Any legal entity is endowed with certain rights and obligations. They arise from the moment of registration, which can be done either directly with the tax authority or on the State Services portal. We invite you to familiarize yourself with obtaining government services for legal entities online.

Reference. The government services portal contains reference information on the procedure for providing services, a convenient search is organized by departments, topics, situations, as well as links to the services of government departments.

Registration takes place by creating a legal entity account. But this can only be done if you have a login and password for the unified identification and authentication system of an individual - a manager or representative of an organization who has the right to act on its behalf. This means that the specified individual must register on the portal and contact authorized structures to confirm the account.

Where to begin?

Since registration of a legal entity is possible by law without visiting the tax office, the question arises: how to register a legal entity on the government services portal? You should start by registering the manager as an individual. It takes place in 3 stages:

  1. Obtaining a “Simplified” account. After clicking on the Registration button, you will be asked to enter your last name, first name, mobile phone number or email address, which will receive a code that you will need to enter next. After entering the code, create and enter a password for your account.
  2. Creating a “Standard” account. To do this, you must fill out fields such as SNILS and passport. This data is checked automatically with the databases of the Pension Fund of the Russian Federation and the Federal Migration Service of the Russian Federation. After successful verification, you will be asked to confirm your details to gain access to all electronic services.
  3. A “confirmed” entry will only be made after visiting in person with a passport and SNILS to structures that have the authority to confirm identity (they are listed on the website, choose the method that is convenient for you).

Then it is necessary to prepare constituent documents: charter, protocol of establishment. Their scanned copies will be needed when creating a package of documents. All documents must be prepared in accordance with the requirements of Federal Law 129-FZ before registering an organization for public services.

All that remains is for the manager or authorized person to obtain an enhanced qualified electronic signature, which will be needed to sign all documents sent via electronic communication channels. It is used to identify an individual or legal entity. The authenticity of such a signature is confirmed by a certificate issued by an accredited certification center.

Such a signature is required for legal entities to work with the government services portal, submit tax reports and many other electronic transactions. The certificate must be obtained before registering the organization on the public service portal.

How to obtain an enhanced qualified electronic signature?

To obtain an electronic signature, you must contact the certification center in person (a list of such centers is on the website of the Ministry of Telecom and Mass Communications of the Russian Federation), presenting your passport and SNILS. After registration, the signature owner will be given a certificate and a flash drive containing the signature key itself.

Important. Remember that the signed electronic key should be stored in compliance with all confidentiality requirements.

Registration of a legal entity on the public services portal instructions

First, you need to log in to the public services portal via the link www.gosuslugi.ru with your ESIA username and password.

Or using electronic means, if you have an external medium with an electronic signature. A qualified electronic signature will be necessary if your organization plans to use electronic document management with government agencies, such as the tax office, Social Insurance Fund, Pension Fund (including for transmitting reports). When registering a legal entity online, you will need it to sign the required package of documents.

Important. The legal conditions for the use of digital signatures in electronic documents are regulated by the Federal Law of the Russian Federation of April 6, 2011 No. 63-FZ “On Electronic Signatures”. Legally, it is equivalent to an ordinary signature.

When logging into the portal electronically, the system will ask you to select a signature owner certificate and a password for the private key container. Then the user will be able to access his personal account.

In the Service Catalog, on the Authorities tab, there is the Federal Tax Service.

By clicking on the name, we are taken to the department’s page, which indicates what services can be obtained online, including Registration of legal entities and entrepreneurs.

Go to this section to see a list of government services for legal entities. When registering a new legal entity, you should select the item State registration of a legal entity upon its creation.

Then detailed information will open on how to register an organization for public services, and the stages of obtaining the service. You should read it completely as the information is important. The terms of provision and the cost of state duty are also indicated here. The convenience of online registration is that the state fee can be paid directly on the portal.

A list of documents for registration will also be indicated, electronic scanned copies of which will need to be loaded into the transport container. It is formed using software that you will be asked to download from the site.

When signing a package of documents, the system will check the web browser plug-in installed for operation. It happens automatically and, if it is missing, a message will appear with an active link for installation. Here you will be asked to configure your browser to work with electronic signatures. Note that it is as simple as possible to use the Mozilla Firefox browser for these purposes. When you click on the link, the type of operating system installed is automatically determined; all you have to do is click on the link to the plugin itself, wait for the download to finish and install it, following the prompts of the installation wizard.

Please note that in addition to the plugin, you may need a special program - a crypto provider. The specialists of the certification center issuing the electronic signature key must inform about the need to install it. Only if all the components are available will it be possible to fully use it.

What will be the result?

If all documents are completed correctly and in accordance with established standards, the tax service will register a legal entity within 5 working days, and will notify you of this by a message in your personal account on the government services website, as well as at the email address specified during registration. A refusal is also possible if a document check reveals any shortcomings, of which you will also be notified indicating the reason for the refusal.

How to open an office for an existing legal entity

If the organization is already registered with the tax authority and has an electronic key, read how to register a legal entity on the government services portal.

The procedure for registering an organization - a legal entity consists of four stages:

  1. After logging into the State Services portal using electronic means, you must click the “+ Add organization” button.

  1. Then the system will prompt you to read the instructions and check the web browser plug-in installed for operation.

  1. The next step is to fill in the details of the legal entity. The system reads the main part of the details from the electronic key and will fill it in automatically. It remains to indicate some more information: email address, TIN of an individual - the head or authorized person of the organization, business phone number and email address, as well as the legal form (selected from the directory that opens). Please note that these fields are required.

  1. All you have to do is wait a little while until all data is checked and, if there are no errors, the legal entity’s personal account is created.

Information on how to register a legal entity on the government services portal allows you to do this quickly. Now, when logging into the State Services portal after entering a password or after reading the electronic key, the system will offer the user a choice as to whom he wants to visit the site: an individual or a legal entity.

An individual entrepreneur is an individual who has the right to conduct business activities and has passed state registration. How to go through this registration? We are studying a detailed action plan from our new expert.

Registering an individual entrepreneur, contrary to prevailing stereotypes and fears, is not so difficult. However, those who want to start their own business simply fall into despair just thinking about the upcoming visit to the federal tax office. Therefore, many aspiring entrepreneurs prefer to entrust the registration process to competent registrars.

This has its advantages and disadvantages:

1. no need to waste time and nerves on preparing the necessary documents, the registrars will do everything correctly and on time;

2. you don’t even have to visit the Federal Tax Service yourself, the registration company will do everything for you;

3. but you will not gain experience in preparing documents for the tax authorities on your own, and the need for this will be constant if you intend to have your own business;

4. professional registrars will require a significant amount for their services, when the state duty is only 800 rubles.

Having considered and weighed all the pros and cons, we can come to the conclusion that self-registration of an individual entrepreneur has no disadvantages, only advantages, so it’s worth doing a little work yourself and successfully registering your own business activity. It is not difficult at all if you carefully study this small guide and follow it.

Self-registration of an individual entrepreneur has no disadvantages, only advantages

To begin with, let’s conduct a small educational program and clarify what is unclear. So…

What is the difference between an individual entrepreneur and an LLC?

An LLC has its own authorized capital, with which it is responsible to its creditors for debts, but an individual entrepreneur does not have one, and therefore is responsible with its own property and funds.

The authorized capital is formed by the founding partners of the LLC, and must be above 10,000 rubles. Thus, the partners-shareholders jointly act as owners of the LLC, and its role in resolving common issues depends on the size of each share. And the owner of an individual entrepreneur can only be one person.

An LLC is a legal entity, and an individual entrepreneur is an individual. To register an LLC, you need to prepare a lot of documents, open your current bank account and order a stamp. For an individual entrepreneur, all this is not required, and few documents are needed.

Having your own LLC is, of course, more solid if you intend to deal with medium and large companies. But registering yourself as an individual entrepreneur also has its own very significant advantages. Here are some of them:

1. compulsory bookkeeping is not required, therefore, there is no need to hire an accountant for reporting;

2. the fine for administrative or tax violations will be much less;

3. any individual entrepreneur has the right to choose a simplified taxation system, despite the level of income and the cost of fixed assets;

4. you can do without hiring employees, while the individual entrepreneur pays only contributions to the Pension Fund and Social Insurance Fund, as well as income tax;

5. registration of an individual entrepreneur takes no more than a few working days;

6. Regardless of the place of registration, an individual entrepreneur can work anywhere in the Russian Federation;

7. Finally, individual entrepreneurs are very easy to close.

After analyzing this data, you can come to the conclusion that an individual entrepreneur is still better than an LLC if you do not need to do business with large companies. And yet, all your income is your money, no special manipulations are needed to cash them out, as in
case with LLC.

But keep in mind that some forms of activity are not available to individual entrepreneurs, for example, the production and sale of alcoholic beverages, the production of medicines, security, tour operator activities, banking, organizing an insurance agency or pawnshop.

If you did not start “playing big”, but wisely decided to start small, for example, with retail trade, then it is best to register an individual entrepreneur - this will be the most effective solution. In addition, if you intend to expand your business in the future, then closing an individual entrepreneur and opening an LLC will be easier for you.

Step 1 – Prepare documents correctly

You can prepare the documents necessary for registration yourself, using one of the online registration services, or through a law firm.

You can submit the prepared documents to the Federal Tax Service either in person, by mail, or through an authorized representative.

What documents are required for registration?

1. Statement on state registration according to form P21001;

2. Copy of passport and TIN (if you have one);

3. Receipt for payment of state duty in the amount of 800 rubles.

The application template and receipt can be downloaded and printed from the Internet, after which you just need to fill them out and pay the fee on the receipt.

How to fill out form P21001 yourself?

The application form must be filled out in block capitals using a pen and black ink. If you are filling out the form on a computer, you should use Courier New font size 18.

On the first page of the application, you need to fill in the fields - full name and full name in Latin letters (for non-citizens of the Russian Federation), TIN, gender, date and place of birth, as well as information about citizenship.

If you do not know your TIN, you can use services on the Internet that issue it based on passport data. But even if your TIN is not in the general database, just leave this field blank - it will be assigned to you when registering an individual entrepreneur.

On the next page you need to write down the address where you are registered, as well as your passport details. Please pay attention to correct completion of the codes of the constituent entities of the Russian Federation and postal codes. You can find out your postal code on the Russian Post website. If you indicated subject codes 77 and 78, that is, Moscow or St. Petersburg, then you do not need to fill out the “City” item.

The third page of the application or sheet A contains information about the OKVED codes of your types of activity - main and additional. In total, you can write up to 57 codes in a sheet; if you need more, you can use several sheets. But is it necessary? When registering an individual entrepreneur, remember that for some types of activities related to working with minors, a certificate of good conduct is required. So it's better to stock up on it in advance. It is also necessary to familiarize yourself with the list of activities prohibited for individual entrepreneurs.

On the fourth page or sheet B, you only need to fill out the procedure for issuing registration documents, as well as your contact information. The fields Full Name and Signature of the applicant do not need to be filled in; they must be filled out only in the presence of a tax inspector. If you submit documents personally, then the information about the authorized representative is also not filled out.

After filling out, the application sheets are printed in one copy only
single-sided printing, no need to seal them.

If for some reason it is difficult for you to fill out an application yourself, then you can use the online registration service on the Federal Tax Service website or other online services for registering an individual entrepreneur, and these services are completely free. Using these services, you can only prepare the required documents, and then you can submit them to the Federal Tax Service in person. In addition to this service, you can also immediately prepare an application for the transition to a simplified taxation system (STS) or
simpler, simplified.

Simplified taxation system - analysis of its advantages and
shortcomings

This is one of the tax regimes designed to simplify accounting and tax reporting for individual entrepreneurs and LLCs in the field of small and medium-sized businesses.

Has the following advantages:

1. no need to submit financial statements to the Federal Tax Service;

2. instead of three, one tax is paid;

3. you can choose the form of taxation - 6% on income or 15% on the difference between income and expenses;

5. no need to pay income tax on business income.

Here are some disadvantages of this tax system:

1. under the simplified tax system, opening branches of activity is impossible;

2. restriction of activities;

3. The lack of preparation of invoices can negatively affect work with organizations that apply for VAT reimbursement from the budget.

Other disadvantages are not worth listing - they relate rather to legal entities, so they do not apply to individual entrepreneurs.

After studying the advantages and disadvantages of the simplified tax system, it is not difficult to conclude that this is an ideal option for individual entrepreneurs. At the same time, if your expenses are less than 60% of your income, then it is better to choose the option of 6% of your income.

Any experienced entrepreneur will tell you that the 6% simplified tax rate is practically not checked; you don’t even need to keep a lot of documents confirming your expenses.

How to pay government duty

You can pay the receipt either by filling it out manually or by generating it using a special service on the website of the Federal Tax Service. If you are going to fill out the receipt manually, then you need to check the necessary details with the tax office.

There is a state fee for registering an individual entrepreneur. duty in the amount of 800 rubles.

Step 2 – Submit documents to NI

Check if you have all the documents from this list:

1. application for registration P21001 in the amount of 1 copy;

2. copy of passport or other identification document – ​​1 copy;

3. receipt of payment of state duty – 1 copy;

4. application for transition to the simplified tax system – 3 copies;

If you are not a citizen of the Russian Federation, then you must additionally have with you:

1. a copy of the permanent residence or temporary residence permit document;

2. notarized translation of the passport.

If you apply to the Federal Tax Service in person, you take a package of documents with you and go to the tax office at your place of registration. Don't forget your passport.

Next, submit application P21001, a receipt, and a copy of your passport to the inspector. as well as its original. In the presence of the tax inspector, sign the application with a pen and black ink. In turn, the inspector will issue you a receipt confirming receipt of the submitted documents.

If you submit documents by mail, you need to know that notarized registration of your signed application P21001 is required, as well as copies of your passport. The Federal Tax Service's response will come to your place of registration, and not to the return address on the envelope.

You can also register an individual entrepreneur using a power of attorney. In this case, in addition to a notarized application and a copy of your passport, you will also need to obtain a power of attorney from a notary to represent your interests and receive documents from the tax office.

Notification of the transition to the simplified tax system can be submitted within 30 days after registration of an individual entrepreneur, but it is better to do this when submitting the main registration documents.

Step 3 – Obtain registration documents

After three working days, you need to come to the tax office along with a receipt and passport and receive documents on registration of individual entrepreneurs.

If you register online on the Federal Tax Service website or another website, in order to receive registration documents, you will have to come to the relevant tax office
organ.

Here is a list of documents that will be given to you upon presentation of a receipt and passport:

1. certificate of registration with the tax office;

2. entry sheet of the Unified State Register of Individual Entrepreneurs (USRIP) in form No. P60009.

Since 2017, individual entrepreneur registration certificates have not been issued, although those issued earlier are still valid.

Step 4 – After registration

At this stage you will already be able to:

1. start registering employees, if you need it;

2. after registering employees, you will need to register with the Pension Fund and Social Insurance Fund;

3. find out statistics codes from the Federal Tax Service or State Statistics Service;

4. open a bank account;

5. obtain a license if required for your type of activity.

The following actions are not at all mandatory, but under certain conditions
circumstances they will also be required:

1. printing production;

2. registration of your trademark;

3. purchase of a cash register;

4. provision of accounting.

So, the registration of individual entrepreneur was successful. I hope that now you don’t have to turn to specialists with this issue. All in your hands. Good luck!

After making a decision to open an individual entrepreneur, a citizen will need to go through the registration procedure. Most people in 2018 prefer to register an individual entrepreneur online via the Internet. At the same time, it is important to know the current procedure for processing documents, the nuances of their preparation and submission of electronic applications. In essence, this is not a very complicated procedure, however, it requires close attention to detail, regardless of which method was chosen.

Today you can submit an application in person (or through a legal representative), through the MFC, by mail or online via the Internet. The last method is the most interesting because it appeared relatively recently, and it is designed to simplify the application process for the future entrepreneur as much as possible.

Pros and cons of registering an individual entrepreneur via the Internet

Registration of individual entrepreneurs online has a number of advantages, but, unfortunately, it is not without some disadvantages. First, you can pay attention to the positive aspects. These include the following:

  1. The application is filled out automatically by the system itself;
  2. The official deadline for the registration procedure is three days, but often the applicant has the opportunity to receive documents the very next day;
  3. You will have to come to the tax office in person only once - to receive ready-made documents;
  4. There is no need to pay for related services.

There is only one disadvantage that is typical for registering an individual entrepreneur online, but you should not forget about it. Once an invitation has been received from the tax office, there are only a few days to collect the documents. If this is not done, the application will be automatically canceled, and it will be problematic to return the paid fee.

To register an individual entrepreneur online, you can use one of the methods common in 2018:

  1. Submitting an electronic application through the e-government portal Gosuslugi.RU.
  2. Formation of an application and sending documents through the Internet service of the Federal Tax Service.

Instructions for registering individual entrepreneurs online through the Federal Tax Service website

Currently, the official website of the Federal Tax Service offers citizens two options for providing services that allow them to open an individual entrepreneur online:

  1. Submitting an application and generating documents. This method is considered very simple and convenient. It is in this way that free registration of individual entrepreneurs is usually carried out.
  2. Sending an electronic application and documents signed with digital signature. In this case, the citizen will need to issue an EDS (electronic digital signature). When sending documents, you will need to use an electronic signature key certificate, to obtain which you will need to contact a specialized organization. Or, to carry out the procedure for sending documents, you will need to use the services of a notary.

Most citizens find it more convenient to use the first method, which does not require an electronic digital signature, so it should be considered in more detail. Below are step-by-step instructions for beginners that will help you complete the registration procedure without any problems.

Step 1. Registration on the Federal Tax Service portal

  • go to the official website of the Federal Tax Service on the individual entrepreneur registration page;
  • create a personal account? if you do not have an account on this site;
  • follow the link “Registering an individual as an individual entrepreneur.”

Step 2. Enter information about yourself and the proposed business.

At this stage, you need to enter passport and contact information about yourself, as well as data about the proposed business - OKVED business type codes. That is, choose the types of business that you plan to engage in as an individual entrepreneur. You should approach this issue seriously and think about what you will do in the near and possibly long-term future. You will need to select one main activity code and several additional ones. We recommend specifying no more than 10 codes, including the main one.

Also at this stage you need to choose a method for receiving documents. You must select the first option - “Issue to the applicant”.

Step 3. Data verification by the system.

After filling in all the data in the previous step, the system will check the correctness of the entered data. If everything is OK, then after completing the check you need to click on the “Next” button and proceed to the next step.

Step 4. Payment of the state fee for individual entrepreneur registration.

There are various ways to pay the state fee for registration as an individual entrepreneur. For example, in cash or non-cash.

If you fill out an application online, then it would be logical to pay the fee online. To do this, choose a non-cash payment method, after which many different payment sources will open. Among them are the Internet banks of the largest Russian banks, the state duty payment service of the government services portal and many others. Most often they choose Sberbank-online or a government service.

After paying a fee of 800 rubles, an electronic receipt will be generated and it will be sent to you by email. From this receipt you need to copy the unique payment order number and paste it on the Federal Tax Service electronic service page. The service will automatically check whether the payment went through or not.

By the way, don’t forget to print out the payment receipt, because you will need it when you come to the tax office to collect your documents.

Step 5. The final stage is choosing the application method.

At the final stage, you need to choose the method of sending the application and documents for individual entrepreneur registration.

  • Directly or by mail. In this case, the system will “upload” your data that you filled into an Excel file. These documents must be printed and come to the tax office or sent by mail.
  • In electronic form without digital signature. This method is the most suitable in our time. Everything that you filled out in the previous steps will also be generated in an Excel file, but it does not need to be printed and sent. You simply choose this method and this application + payment receipt is sent to the tax office automatically.

This completes sending the application through the Federal Tax Service. Now you need to wait until the tax office checks your application and receipt within 3 working days and invites you to visit the tax office.

Within 2 weeks you must report to the tax office, which will be indicated in the invitation. You must have the following documents with you: passport, a copy of all pages of the passport (each on a separate sheet), TIN and a printed receipt of payment.

Having arrived at the tax service with these documents, the inspector will check these data with real documents and send the application for registration further and set a time when you need to come for documents confirming the registration of the individual entrepreneur. Maximum next business day. But there are times when they ask you to come for ready-made documents after 2-3 hours.

P/S when you are at the tax office, do not forget to immediately fill out the notification about choosing a taxation system (basic 13%, simplified tax system 6 or 15%, patent, etc.). if you do nothing, the default will be the main type - 13% of profit. For new individual entrepreneurs, there are 30 calendar days to make a decision and submit an application for a change in taxation.

Instructions for online registration of individual entrepreneurs through STATE SERVICES

You can use the STATE SERVICES portal to register an individual entrepreneur only after creating a personal account on the website. In this case, you will need to enter fairly complete information about yourself: full name, date of birth, passport details, TIN certificate, SNILS, as well as place of registration. At the end of the registration procedure, a letter with an account activation code will be sent to the specified email address. Only after this will all the functionality of your personal account be available.

As you can see, a big minus is immediately revealed here. If you do not have an activated account on the State Services portal, then you will not be able to quickly register an individual entrepreneur, since you will need to wait for a confirmation letter by Russian post (2-3 weeks). If you already use the portal, then registering an individual entrepreneur through the State Services portal will be convenient and simple for you under one condition.

If you are going to register an individual entrepreneur online through the State Services Internet portal, then you will need an electronic digital signature (EDS).

If you have an electronic signature, you will need to log into your personal account. To register an individual entrepreneur via the Internet, you must select “Business, entrepreneurship and non-profit organizations” in the service catalog and click on the link “Registration of legal entities and entrepreneurs” (In this case, 5 days are allotted for registration)/

Next, you fill out the electronic registration application form, select the types of activities that you plan to engage in as an individual entrepreneur and scan the necessary documents (passport). Scanning a passport, oddly enough, causes great difficulties for many. The fact is that there are rather “strange” requirements for uploaded passport scans - black and white images in a multi-page TIFF file and a certain size. When I came across this, I had to look for a program to create a multi-page TIFF file. The XnView program helped.

After successfully uploading documents to the electronic application, you must sign it with your electronic digital signature (EDS) and select the method of receiving registration documents: by mail or electronically. This completes the application submission procedure.

As you can see, online registration of individual entrepreneurs through the government services portal is not quite as simple as it seems at first glance. There are both advantages, but also significant disadvantages.

Pros and cons of online registration of individual entrepreneurs through government services

From advantages the following can be distinguished:

  1. You can register an individual entrepreneur online without leaving your home. You only need to fill out an application, upload documents, sign an electronic signature and receive registration documents electronically or on paper.
  2. Quick registration. By submitting a registration application through this portal, you can become an individual entrepreneur in just a couple of days. The quick registration period is due to the fact that you do not have to go anywhere or take/pick up documents.
  3. Discounted state duty. If you open an individual entrepreneur through government services and immediately pay the state fee on the same website, you can take advantage of a 30% discount on the cost of the state fee. Instead of 800 rubles, you will need to pay only 560 rubles.

From shortcomings The following immediately stand out:

  1. Must have verified account on the state portal.
  2. To send an electronic application, it is mandatory digital signature, which costs some money (about 2,500 rubles per year). It will not be possible to send an application without a digital signature.
  3. You must be able to create TIFF multi-page format. Also no more than a certain size.

Everyone can decide for themselves which method is more suitable and which one to use. But we can definitely say that for most Russians the most suitable way to register an individual entrepreneur online via the Internet is to submit documents through the Federal Tax Service portal.

In 2016, regulations were adopted that restructured the entire cash register system, bringing it to a new level. According to them, the majority of business entities must accept cash proceeds through equipment that not only prints checks, but also transmits data from them to the Internet. Currently, it is important to know how to register an online cash register correctly, since failure to follow the procedure will lead to refusal of registration.

The following deadlines exist for the transition to new cash registers:

  • Since 2016, it has been possible to voluntarily register a cash register with Internet access to any business entity.
  • From February to June 2017 (transition period)- at this time, all entities that have run out of ECLZ on old cash registers should start using new cash registers, since the old machines have stopped registering. At this time, the transition was carried out by subjects to the simplified tax system and OSNO, since for them the use of cash register is mandatory, and EKLZ was not registered after February.
  • From March 31, 2017- The amendments and commentaries to the legislation on online cash registers established the mandatory use of these machines by sellers of alcoholic beverages. At the same time, beer and low-alcohol cocktails were equated to alcoholic products. The only exceptions were received by subjects who sold beer and used and.
  • From July 1, 2017 - from this date, all business entities using a general and simplified taxation system were required to start using online cash registers.
  • From July 1, 2018 - All enterprises and individual entrepreneurs must start using online cash registers, regardless of the tax system used. That is, from this date, online cash registers must be used for individual entrepreneurs on UTII and PSN, as well as for legal entities on UTII.

What is needed to register an online cash register in 2018

The main step to switch to using new technology is to buy an online cash register or upgrade an existing cash register. A list of cash register equipment that can be used in the new business conditions is publicly available on the website of the tax authorities.

When deciding to purchase a new cash register, you need to consider the following points:

  • How many planned checks will be processed through this machine;
  • What range of goods, services, works exists at the enterprise;
  • Isn’t the enterprise trading via the Internet, since for these purposes it is necessary to purchase specialized devices that do not print receipts, but send them to the buyer at the email address specified by him.

The requirements of the law assume that online cash registers will transmit information via the Internet to regulatory authorities. Therefore, before purchasing, you will need to choose a method of connecting to the Internet. This can be done via mobile communications using SIM cards, via a local wired or wireless connection (WI-FI).

Attention! Currently, the Federal Tax Service strongly recommends registering online cash registers only electronically, using the “Personal Taxpayer Account”. In this regard, the company or entrepreneur must have a qualified one.

If it is not available, the subject will first need to purchase it from a special operator, who must be licensed to do so. This will take several days.

In addition, for electronic registration you will need a computer on which the licensed encryption program “Crypto-Pro” must be installed. It can also, as a rule, be purchased from the same special operator who offers to purchase the digital signature.

Working with digital signatures requires the mandatory use of Internet Explorer, and according to the requirements, in order to work normally on the Internet, its version must be 7 or higher. However, it is recommended to update the program to the latest version, since it takes into account all the necessary nuances of working with digital signatures.

How to register an online cash register - step-by-step instructions 2018

INFS establishes requirements according to which registration of online cash registers must be carried out electronically. The subject can carry out this procedure independently, or contact a specialized company, which will register the cash register for a fee.

Conclusion of an agreement with OFD

After completing the registration procedure, you need to draw up an agreement for the provision of services with the OFD. This can be done by clicking on the “Conclude an agreement” button or link.

Important! To conclude an agreement, a qualified digital signature must be installed on the computer. It will first need to be obtained from a special operator.

The site can obtain all the basic data from the signature - name, OGRN, INN. Everything else will need to be entered manually - legal and actual addresses, information about the document establishing the authority of the manager, bank details.

It is very important to indicate the address completely and correctly - certificates of completed work and other paper documents will then be sent to it.

After filling out all the fields, the contract is sent to the responsible official of the OFD. After checking and, if necessary, making changes, the agreement can be signed using an electronic signature.

Get access to your OFD personal account

You can fully use the capabilities of the office of the OFD website only after signing an agreement with the operator. At first, it will not contain any information, since no device is yet connected to it.

As soon as the details of at least one cash register are indicated in your account, the following options will open:

  • View the receipts punched on this machine and their contents (product name, price, quantity). In this case, the check can not only be viewed, but also printed and sent by e-mail;
  • Reports of opening and closing shifts on the device;
  • Cash desks that are serviced in this OFD;
  • Reports of various contents - the number of punched checks, the average number of checks per day, the average check amount, etc.;
  • Employees who have access to their personal account. Moreover, for each of them you can specify your own access rights;
  • Exchange of forms between the client and OFD - acts, invoices, contracts, etc.

Attention! The list of functions provided by different OFDs may vary.

Registration on the Tax ru website

Registration of an online cash register with the Federal Tax Service is currently carried out exclusively electronically through the tax website. To gain access to it, an organization or entrepreneur must have a qualified signature.

Important! The signature used to participate in government tenders is not suitable for these purposes.

If your personal account has not yet been opened, then this can be done using the link on the main page of the tax office website.

There are different personal accounts for individuals, entrepreneurs and companies:

After logging into your personal account, you need to point to the “Cash register equipment” item, where you click on the “Register cash register” button.

On the page that opens, enter the following data:

  • Full address of the place within which the cash register will be used;
  • Name of place of use. It is entered arbitrarily, but must accurately reflect the installation location. For example, “Cashier room”, “Accounting”, “Household goods store”, etc.
  • The model of the device and its serial number. The model must be selected from the drop-down list. If it is not there, then either the search was performed incorrectly, or this device cannot be used (for example, it is not an online cash register, has not been registered with the Federal Tax Service, etc.);
  • Model of the installed fiscal drive and its serial number;
  • If the use of the device requires special operating conditions, for example, during distribution trade, or for an online store, then this should be noted in the proposed list. During normal operation there is no need to select anything;
  • The name of the desired OFD must be selected from the list. It contains only those operators who have received a license to carry out this activity. After selecting, the TIN will be entered automatically.

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 -Cola 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.

  • Trademark– this is a certain set of individual properties of a product or service image 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 hair 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 before 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 30% discount from 52,000 rub.).

Terms of reference registration period: from 9 months before 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. 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 terms of reference.

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 ICGS 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 to date, 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 before 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 a company (entrepreneur) that is the owner of exclusive rights to its trademark filed a lawsuit against him and won.

The domain had to be given 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 someday 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.