Registration of the Emblems of a Non-Profit Organization

The current Russian legislation divides all legal entities into two main groups: commercial organizations and non-profit organizations. The main feature of non-profit organizations is that, unlike commercial ones, the main goal of their activities is not to make profit. Non-commercial organizations are created by their founders to achieve socio-cultural, socially significant or charitable purposes; Profit organizations are entitled to profit only for achieving their statutory goals. Such organizational and legal forms of non-profit organizations, as associations and unions, have no right to engage in activities that generate profit. All areas of entrepreneurial activity, which have the right to engage in a non-profit organization, must be clearly indicated in its charter. The most common organizational and legal forms of non-profit organizations are: funds (including public and charitable organizations), institutions, autonomous non-profit organizations, non-commercial partnerships , public organizations, associations, unions.

Any legal entity has the right to use the means of individualization provided for by law . One way to individualize a non-profit organization is the emblem. Do not confuse the logo of a non-profit organization with a trademark. These are completely different ways of individualizing a legal entity. The law does not prohibit a non-profit organization from having both an emblem and a trademark. But most non-profit organizations are content only with the registration of the emblem, because This procedure is much faster and cheaper than the registration of a trademark.

Registration of the emblem of a non-profit organization is carried out in the Ministry of Justice of the Russian Federation. This state service is exempt from duty.

There is a natural question: is it necessary to carry out the state registration of the emblem of a non-profit organization or can we do without it?

The answer to this question you will find in Section 4, Art. 3 of Federal Law No. 7 "On Non-Profit Organizations." It sounds like this: "A non-profit organization has a seal with the full name of this non-profit organization in Russian. A non-profit organization has the right to have stamps and letterheads with its name, as well as an emblem registered in the established order. " Thus, you can be sure that the registration of the emblem is the responsibility of the non-profit organization, and not its right.

The procedure for registering the emblem of a non-profit organization is detailed in the Administrative Regulations of the Ministry of Justice of the Russian Federation on the provision of a state service for the state registration of emblems of non-profit organizations and symbols of public associations. This Administrative Regulation was approved by the Ministry of Justice Order No. 10 of 01.02.2012.

The algorithm for registering the emblem of a non-profit organization is quite simple: an authorized registration body submits an application of a standard form (in simple written form), an extract from the decision / protocol on approval of the company's emblem in 2 copies (with the logo and its description), and written consent Citizen or his representative or other documents confirming the right to use the personal name of the citizen or the symbolism protected by law. The very image of the emblem of a non-profit organization is pasted (or applied in any other way) to the sheet of application in the format 8x8 cm. The emblem is displayed in the color in which its registration is requested.

There is an exhaustive list of grounds for refusing to register the emblem of a non-profit organization. Here are some of these reasons: incorrect execution of documents, submission of documents with inaccurate information, an emblem with the same or a confusingly similar image has been registered, the emblem violates copyrights / intellectual property rights, the non-profit organization is at the stage of liquidation or reorganization, etc.

Registration of the emblem of a non-profit organization is quite fast: the registration period for the emblem must not exceed 35 working days from the moment of filing the documents with the Ministry of Justice.