Administrative Provisions on the Registration of Enterprise Names (Revised in 2012)
Administrative Provisions on the Registration of Enterprise Names (Revised in 2012)
Administrative Provisions on the Registration of Enterprise Names (Revised in 2012)
Order of the State Council No. 628
November 9, 2012
(These Provisions which were promulgated based on Order of the State Administration for Industry and Commerce No.7 of 1991 on July 22, 1991 upon the Approval of the State Council on May 6, 1991 are hereby revised in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations made on November 9, 2012)
Article 1 These Regulations are formulated for the purposes of strengthening the administration of enterprise names, protecting the legitimate rights and interests of enterprises and maintaining social and economic order.
Article 2 These Regulations shall apply to enterprises within the territory of China that are qualified as legal persons or required to be registered in accordance with the law.
Article 3 The application filed by an enterprise for registration of its enterprise name shall be subject to the examination and approval of the competent registration authority. No enterprise name may be used without due approval and registration and the exclusive right to the use of an enterprise name shall be subject to prescribed limits.
Article 4 The competent authorities for registration of enterprise names (hereinafter referred to as the "competent registration authority (ies)") are the State Administration for Industry and Commerce and the local administrations for industry and commerce at all levels. The competent registration authorities may approve or reject the applications for registration of enterprise name, conduct supervision and administration of the use of enterprise names and protect the exclusive right to the use of enterprise names.
The competent registration authorities shall adopt a graded system for the administration of enterprise name registration in accordance with the Administrative Regulations of the People's Republic of China on the Registration of Enterprises as Legal Person. The names of foreign-funded enterprises shall be subject to the approval of the State Administration for Industry and Commerce.
Article 5 The competent registration authorities shall have the power to rectify inappropriate enterprise names that have already been registered. The competent registration authorities at higher levels shall have the power to rectify inappropriate enterprise names registered by the competent registration authorities at lower levels.
Any entity or individual may request the competent registration authorities to rectify any and all inappropriate enterprise names that have already been registered.
Article 6 One enterprise is permitted to use one name only, which shall not be the same as or similar to the name of any other enterprise that has already been registered in the same trade within the jurisdiction of the competent registration authorities.
Upon approval of a competent registration authority at or above the provincial level, an enterprise may use a subordinate name within prescribed limits provided that such enterprise actually has a special need.
Article 7 An enterprise name shall be composed of such elements in order as shop name (or trade name, the same below), trade or business operation characteristics and organizational form.
An enterprise name shall commence with the name of the administrative area where the enterprise is located and such administrative area may be a province (including autonomous regions and municipalities directly under the Central Government, the same below), a city (including prefectures, the same below) or a county (including city districts, the same below).
Any of the following enterprises may use an enterprise name not commencing with the name of the administrative area where the enterprise concerned is located upon approval of the State Administration for Industry and Commerce:
1.
......
Order of the State Council No. 628
November 9, 2012
(These Provisions which were promulgated based on Order of the State Administration for Industry and Commerce No.7 of 1991 on July 22, 1991 upon the Approval of the State Council on May 6, 1991 are hereby revised in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations made on November 9, 2012)
Article 1 These Regulations are formulated for the purposes of strengthening the administration of enterprise names, protecting the legitimate rights and interests of enterprises and maintaining social and economic order.
Article 2 These Regulations shall apply to enterprises within the territory of China that are qualified as legal persons or required to be registered in accordance with the law.
Article 3 The application filed by an enterprise for registration of its enterprise name shall be subject to the examination and approval of the competent registration authority. No enterprise name may be used without due approval and registration and the exclusive right to the use of an enterprise name shall be subject to prescribed limits.
Article 4 The competent authorities for registration of enterprise names (hereinafter referred to as the "competent registration authority (ies)") are the State Administration for Industry and Commerce and the local administrations for industry and commerce at all levels. The competent registration authorities may approve or reject the applications for registration of enterprise name, conduct supervision and administration of the use of enterprise names and protect the exclusive right to the use of enterprise names.
The competent registration authorities shall adopt a graded system for the administration of enterprise name registration in accordance with the Administrative Regulations of the People's Republic of China on the Registration of Enterprises as Legal Person. The names of foreign-funded enterprises shall be subject to the approval of the State Administration for Industry and Commerce.
Article 5 The competent registration authorities shall have the power to rectify inappropriate enterprise names that have already been registered. The competent registration authorities at higher levels shall have the power to rectify inappropriate enterprise names registered by the competent registration authorities at lower levels.
Any entity or individual may request the competent registration authorities to rectify any and all inappropriate enterprise names that have already been registered.
Article 6 One enterprise is permitted to use one name only, which shall not be the same as or similar to the name of any other enterprise that has already been registered in the same trade within the jurisdiction of the competent registration authorities.
Upon approval of a competent registration authority at or above the provincial level, an enterprise may use a subordinate name within prescribed limits provided that such enterprise actually has a special need.
Article 7 An enterprise name shall be composed of such elements in order as shop name (or trade name, the same below), trade or business operation characteristics and organizational form.
An enterprise name shall commence with the name of the administrative area where the enterprise is located and such administrative area may be a province (including autonomous regions and municipalities directly under the Central Government, the same below), a city (including prefectures, the same below) or a county (including city districts, the same below).
Any of the following enterprises may use an enterprise name not commencing with the name of the administrative area where the enterprise concerned is located upon approval of the State Administration for Industry and Commerce:
1.
......