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 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 carry 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 necessary documents.
Step 3. Submitting documents to the Federal Tax Service.
Step 4. Inspection and fiscalization of the cash register at the Federal Tax Service.
Step 5. Receive a card KKM registration.
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 new order registering the cash register online with the Federal Tax Service and the Federal Tax Service:
Step 1. Submitting an application for registering a cash register to the Federal Tax Service via personal account taxpayer online at 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 general director OOO. 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 Control accounting cash register equipment or All cash desks → Register cash register → Fill in the application parameters manually. Next, specify:
- 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 fiscal storage- 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 separate windows open detailed information on the cash register and the notice of assignment of a registration number.
To fiscalize the Atol cash register, you need:
- Connect the cash register to your computer via USB.
- 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.
- Run the program Driver test .
- Open tab CCP registration. Click the button Properties at the top right of the screen.
- In a new window, check the fields:
- Model - Automatic
- Communication channel - USB
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 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 for correct design registration of the cash register with the tax office.
Currently the law provides common system registration of 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 new system application of CCT.
In 2016 they adopted regulations, who rebuilt the entire system of cash register operations, bringing it to 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- Amendments and comments to the legislation on online cash registers established the mandatory use of these machines by sellers alcoholic products. 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 taxation system used. That is, from this date online cash register it is necessary to apply IP 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, you need to buy an online cash register or upgrade an existing cash register. On the website of the tax authorities posted at public access a list of cash register equipment that can be used in the new business conditions.
When deciding to purchase new cash register the following points must be taken into account:
- 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 checks, but send them to the buyer at the address specified by him? email address.
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 latest version, since it is she who 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 enter into an agreement, a qualified software must be installed on your computer. digital signature. 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 physical address a, 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, when delivery 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.
Government agencies offer to use their services electronically on the State Services portal to both individuals and legal entities. Any legal entity endowed with certain rights and responsibilities. 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 account legal entity. But this can only be done if you have a login and password for the unified identification and authentication system. 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 start?
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:
- Obtaining a “Simplified” account. After clicking the Registration button, you will be asked to enter your last name, first name, and mobile phone or an email address to which you will receive a code that you will need to enter next. After entering the code, create and enter a password for your account.
- Creating a “Standard” account. To do this, you must fill out fields such as SNILS and passport. This data is checked automatically against databases Pension Fund 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.
- 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 you need to prepare constituent documents: charter, protocol of creation. 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 reporting 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 government services portal via the link www.gosuslugi.ru with your ESIA username and password.
Or using electronic means, if you have an external media with an electronic signature. A qualified electronic signature will be required if your organization plans to use electronic document management with government agencies such as tax office, FSS, Pension Fund (including for the transmission of reports). When registering a legal entity online, you will need it to sign the required package of documents.
Important. Legal terms of use in electronic documents digital signature regulates Federal law Russian Federation dated April 6, 2011 No. 63-FZ “On Electronic Signatures”. Legally, it is equivalent to a regular 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 Government Bodies 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 it will open detailed information, how to register an organization for public services, and the stages of obtaining services. You should read it completely as the information is important. The terms of provision and the cost of state duty are also indicated here. Convenience online registration is that the state duty 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, which will be offered 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 a browser for these purposes. Mozilla Firefox. When you click on the link, the type of installed operating system, 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 to have special program– 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:
- After logging into the State Services portal using electronic means, you must click the “+ Add organization” button.
- Then the system will prompt you to read the instructions and check the web browser plug-in installed for operation.
- The next step is to fill in the details of the legal entity. The system considers the main part of the details from electronic key and will fill in automatically. It remains to indicate some more information: address email, TIN of an individual – manager or authorized person organization, business phone number and email address, as well as legal form (selected from the directory that opens). Please note that these fields are required.
- 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 who he wants to visit the site: an individual or a legal entity.
In 2019, the offensive against everyone who receives income but does not pay taxes to the state continues. Therefore, many people are concerned about registering themselves as an entrepreneur. In particular, is it possible to register an individual entrepreneur remotely and how to do it? The topic is very interesting, let's figure it out.
Registration of individual entrepreneurs remotely in 2019
To begin with, it is worth noting that many are primarily interested in opening an individual entrepreneur remotely in another city. In principle, this is possible, but in any case, you will have to personally go to the Federal Tax Service of the Russian Federation to receive documents there and confirm your intentions. Moreover, sometimes it is necessary to make 2 visits, it all depends on the workload of the inspection.
That is, the answer to the question of whether it is possible to open an individual entrepreneur remotely without coming into direct contact with the authorities is negative: you will either need to appear in person at the branch of the Federal Tax Service to which you belong, or send your representative with a power of attorney. But there really is nothing stopping you from completing and sending documents remotely.
What happens if you send an application and other data, but do not appear at the Federal Tax Service? If you received an invitation from the Federal Tax Service of the Russian Federation, but did not go to the inspection within 2 weeks, then the application is automatically canceled. And the state fee will not be returned to you.
How to open an individual entrepreneur remotely: step-by-step instructions
There are only 2 ways to register individual entrepreneur remotely:
- this can be done through the website of the Federal Tax Service of the Russian Federation;
- through State Services.
However, some also include the assignment of all actions to an intermediary, since in this case the businessman himself will not have to do practically anything personally.
So, if you have chosen the option of registering through the Federal Tax Service website, then you first need to register on it. As a rule, this does not take much time.
Here, too, there are 2 options for the development of events:
You can form an application for free and all the necessary documents directly on the website, and then send them. Since many things are filled in automatically, there is a risk serious mistake minimal. The waiting time is usually 3 days, although often everything goes much faster.
Submit your application and documents signed by EDS (electronic digital signature). Such certification will cost you 2,500 rubles per year in 2019. Plus, to create the appropriate signature, you will need to contact a specialized company.
As you might guess, most choose the first option. So:
You register on the site to create a personal account if you don’t already have one.
Enter information about yourself (information from your passport and contacts). Plus, you will need to decide on OKVED codes. Next, you should choose the method in which you are going to receive documents.
Wait for the system to check your data. This happens automatically and does not take much time.
You pay the state fee. To register an individual entrepreneur remotely, in 2019 you need to spend 800 rubles. However, the amount does not depend on the method.
Print out the receipt. You will then go with her to receive documents.
Choose a method for submitting an application. There are different options, such as in person or by mail. Do you need electronic view without digital signature. Yes, you don’t need to send anything anywhere, since the system itself will send all the documents to the Federal Tax Service.
This concludes the procedure. Now you just have to wait until you are invited to the office (usually within 3 days a document arrives from the Federal Tax Service of the Russian Federation). Then, as already mentioned, you need to go to the office within 2 weeks with your passport, TIN, and payment receipt. Be sure to make copies of all pages of your ID, including blank pages.
Please note: when registering yourself as an individual entrepreneur with the Federal Tax Service of the Russian Federation, you can choose a specific taxation option. If you don’t do this, you will automatically be given the main one, that is, 13% of the profit, which is not beneficial for everyone.
As for sending documents with digital signature, the algorithm is generally similar, but you will need to deal with certification. And if you don’t have an electronic signature, then you can also contact a specialized company and wait.
How to open an individual entrepreneur remotely through State Services?
State services offer an alternative option for how to register an individual entrepreneur remotely: if you have an office, you will even be able to save money, since in this case the fee will have to be paid in the amount of only 560 rubles. But if you have not passed verification, then this method becomes quite inconvenient, because you will have to wait somewhere on average 2-3 weeks for confirmation.
In addition, to open an individual entrepreneur remotely through State Services, you must have an electronic signature. You also have to wait a little longer, on average 5 days. But if you have an account and an electronic signature, then this option can be considered:
You need to generate documents and fill out an application.
The next step is to scan your passport in black and white and prepare a TIFF file (the XnView program works with this format, for example).
Upload all documents.
Sign them with EPC.
Select a receipt method.
That's all. In principle, the procedure itself, if you know how to handle TIFF format, not very complicated. But this option requires the fulfillment of certain conditions. That's why he is not particularly popular.
What else do you need to know about remotely opening an individual entrepreneur?
Remote opening saves time and simplifies the process. Nevertheless, you will still have to appear at the tax office. But you can entrust this procedure to the MFC or contact lawyers. In any case, there are enough different options; everyone chooses what is more convenient for him.
This article provides step-by-step instructions on how to register a trademark yourself and why you need to do it. Some law firms offer services for registering trade names, but in reality self-study documents for this procedure can be done even by a person without special education. What documents need to be collected, how to interact with authorities and how long it will take to become an owner intellectual property- read below.
What is called a “trademark” and why does a company need it?
A trademark or trademark is a logo or any unique designation of a company, thanks to which it is remembered and recognized by customers. The following types of brands are distinguished:
- verbal(original phrases written in a special way - “Google”, “IBM”, “Samsung”);
- fine art(graphic images without words, for example, like those of the companies “Mersedes”, “Apple”, “Nike”);
- combined or verbal-graphic (combines words and images, for example, like the companies “Starbucs”, “MTS”, “Beeline”).
In Russia, a trademark is considered valid and subject to copyright protection only after a mandatory registration procedure and the availability of an appropriate certificate. The advantage of a registered trademark is protection by the state under civil and criminal law from unscrupulous competitors or “copycats.”
Thanks to the trademark, the company is remembered and recognized by customers
What is the Trademark Registration Process?
If the entrepreneur has already developed corporate logo or a slogan that helps it in sales and makes it recognizable, it makes sense to register it as a trademark. This will help protect intellectual property from fraudsters and competitors.
Law firms often offer services to register business names as trademarks, but in this case, it is not at all necessary to spend money on professional help. It is quite possible to register a trademark with Rospatent on your own. In addition, you can now fill out an application and receive a certificate of registration of a trademark through electronic portal public services, where it is contained detailed guide to action and even links to necessary legislation.
The registration procedure consists of the following steps:
- Creating a brand identity, choice of its type (verbal, graphic or combined), design of external designation.
- Filling out the application, preparing additional documents, drawing up a description of the future trademark, paying fees. Sending all documents to the Federal Service for Intellectual Property (Rospatent).
- Waiting, preparing and sending responses to requests(upon admission).
- Obtaining a certificate of the copyright holder of a trademark.
Registration usually takes one year, but sometimes takes slightly longer. At all times, the applicant should monitor the status of the trademark and maintain contact with the Federal Service. The fact is that throughout the entire period of processing documents, specialists civil service may contact the entrepreneur with a request to send additional information or provide any clarification. If the applicant ignores the request for more than 2 months, his application will be canceled and the procedure will have to start over.
It is quite possible to register a trademark with Rospatent on your own
Uniqueness of the brand
Only a unique trademark can undergo the registration procedure, not matching or similar to those already registered. When developing a logo or slogan, you need to check if there are any similar ones on the market. In the initial stages, a simple search on the Internet will be enough.
After the future trademark has been formed and drawn (if necessary), you should use free trademark databases on the Internet and analyze how similar the new designation is to those already registered. Unfortunately, this type of verification does not guarantee complete uniqueness, since the databases are updated irregularly and do not include brands that are currently being registered. If two designations coincide or are similar, the one for which the application was received earlier will be registered.
Is it possible to get out of this situation? You need to contact the Federal Institute of Industrial Property or specialized companies with access to its databases. The uniqueness verification procedure lasts from 1 day to 1 month, but on average it takes a couple of weeks.
The duration of the procedure depends on the complexity of the designation being checked. Obviously, checking the verbal variety is much easier and faster than the graphic one. If similarities with existing brand names are identified, you need to make adjustments to the logo or slogan. After the change, you will have to re-analyze the uniqueness.
In addition, you need to check whether the future trademark meets the requirements of Article 1483 of the Civil Code of the Russian Federation. In particular, it states that Commonly used symbols and terms cannot be registered as trademarks.
What is ICGS and how to choose a class
After the company designation has been prepared and preliminarily verified (Rospatent will also conduct its own verification), it is necessary to decide on the class by which the designation will be verified. This system was called International classification goods and services - ICGS. Currently, the classifier includes 34 classes of goods and 11 classes of services. The same sign can be tested for an unlimited number of classes.
The International Classification of Goods and Services includes 34 classes of goods and 11 classes of services
How to create a package of documents for sending to Rospatent
Preparing the entire package of necessary documents for Rospatent is the most important step on which the success of the entire registration depends. It is not necessary to send documents by regular mail or bring them to the service in person. It is much more convenient to use electronic service"Government Services".
For any method of sending, the list of documents will be as follows:
- Application for state registration designation as a trademark. As an appendix to the application, you must provide a description of the applied for brand name, if necessary, including its high-resolution image.
- List of classes according to the ICGS system, according to which the uniqueness of a trademark is supposed to be verified.
- Consent to the processing of personal data.
The rules for preparing documents for sending to Rospatent are described in more detail in the order of the Ministry economic development No. 482 dated July 20, 2017. These are very extensive and detailed legal recommendations, which the average applicant does not need to study thoroughly. They should only be contacted if a specific question arises.
How to submit an application yourself
An application for state registration of a trademark is an approved form, the current template of which can be found on the service’s website. The document consists of three sheets. The applicant does not need to fill out the top line, where the date of admission and registration number are indicated; it is intended for internal marks in the controlling institution.
In the “Address for correspondence” column, you must indicate the postal address of the responsible person or the actual address of the company’s location. All correspondence will be delivered here, so it is important to provide up-to-date information. In the “Applicant” line, you must indicate the full name of the organization or details of the individual entrepreneur, including TIN, OGRN and KPP.
In the line “Representative of the applicant”, when the entrepreneur is registering independently, without involving a specialist, the option “other representative” is checked.
Further, the application describes in detail the mark submitted for registration, indicating its key characteristics (verbal, visual, light, sound, and so on). In most cases, the proposed field in the document template is not enough for a correct image trademark. Therefore, it is necessary to submit it as an attachment to the application as much as possible. good quality and high resolution.
To correctly fill out the priority line, you need to study Articles 1494 and 1495 of the Civil Code. There are two options: conventional - based on the date of application or exhibition - based on the date of the exhibition where the trademark was first presented (can be indicated within 6 months after the exhibition). IN controversial situation When applications are made for two similar trademarks, priority in the issuance of a certificate will be given to the one whose application was submitted earlier.
An application for state registration of a trademark is an approved form, the current template of which can be found on the service’s website
How much government fees will you have to pay?
This procedure is quite expensive because it requires paying four state fees at once.
- For registering an application - 3500 rubles.
- For carrying out the examination of the designation - 11,500 plus 2,500 rubles for each subsequent inspection class. That is, if you need to check the designation for 3 classes, the calculation looks like this: 11500 + 2500 + 2500 = 16500.
Receipts for payment of fees must be attached to the application when sent to Rospatent. Payment details can also be downloaded from the website federal service or on the Gosuslugi portal. At the second stage of verification, you will also have to pay two more fees:
- For registration of a trademark - 16,000 rubles plus 1,000 for each additional class of the ICGS.
- For a certificate - 2,000 rubles.
Due to the fact that we are talking about quite significant amounts, you should carefully approach your own verification of the company designation and the selection of ICLG categories(so as not to include an extra one, for example). The first two fees will have to be paid simultaneously with filing the application, the second pair - only if Rospatent makes a positive decision to issue a certificate, which it will notify additionally.
Two stages of examination
Verification of applications and registration of trade marks takes place in 2 stages:
- formal examination stage;
- substantive examination of the application.
At the first stage, Rospatent specialists check the accuracy and correctness of the submitted documents and payment of fees. This procedure takes on average 1 month.
At the second stage, the declared designation is checked for compliance with the requirements Russian legislation. This phase begins only if the formal examination has been successfully completed. These procedures last approximately 1 year.
If Rospatent believes that the submitted trademark does not comply with the requirements of Russian legislation, it sends a notification to the addressee about the claims that have arisen. In this case, you have 2 months to submit arguments and justifications to the service.
In a situation where a positive decision on registration is made, Rospatent informs the addressee of the need to pay two other fees, after which he will be issued a certificate of registration of the trademark and its inclusion in the state register.
Conclusion
Registration of a trademark does not require special legal knowledge and can be carried out by an entrepreneur or inventor independently. The main thing in this procedure is to really develop unique logo or a slogan and carefully approach the preparation of a package of documents for Rospatent.