Administrative Provisions on the Registration of Enterprise Names
Administrative Provisions on the Registration of Enterprise Names
Administrative Provisions on the Registration of Enterprise Names
Order of the State Administration for Industry and Commerce [1991] No.7
July 22, 1991
Article 1 These Regulations have been formulated in order to strengthen the administration of enterprise names, protect the legitimate rights and interests of enterprises, and maintain social and economic order.
Article 2 These Regulations apply to enterprises within the territory of China that are qualified as legal persons or are required to become registered in accordance with the law.
Article 3 When an enterprise applies to register its name, the name shall be examined and approved by the competent registration authorities. Enterprise names may be used only after being approved and registered, and the exclusive right to use the name shall be subject to prescribed limits.
Article 4 The competent registration authorities for enterprise names (hereinafter referred to as "competent registration authorities") are the State Administration for Industry and Commerce and its local administrations at all levels. The competent registration authorities may approve or reject enterprise name registration applications, supervise and administer the use of enterprise names, and protect the exclusive right to the use of enterprise names.
In accordance with the Administrative Regulations of the People's Republic of China on the Registration of Enterprise by Legal Persons, the competent registration authorities shall implement a graded system for the administration of enterprise name registration. The names of foreign-funded enterprises shall be approved by 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 competent registration authorities at lower levels.
Any unit or individual may request that a competent registration authority rectify any inappropriate registered enterprise name.
Article 6 Enterprises are permitted to use one name only, which shall not be the same as or similar to the name of any enterprise that has already been registered in the same trade within the jurisdiction of the competent registration authority concerned.
Where there is a real need to do so, an enterprise may use a subordinate name within prescribed limits after obtaining approval from a competent registration authority at or above the provincial level.
Article 7 Enterprise names shall consist of these elements in the following order: shop name (or trading name, the same applies below), trade or business operation characteristics, and organizational form.
Enterprise names shall be preceded by the name of the administrative area, such as the province (including autonomous regions and municipalities directly under the Central Government, the same applies below), city (including prefectures, the same applies below) or county (including any city district, the same applies below) where the enterprise is located.
Any of the following enterprises may use an enterprise name not preceded by the name of the administrative area where it is located after obtaining approval from the State Administration for Industry and Commerce:
1. the enterprises described in Article 13 of these Regulations;
2. enterprises with a long history and a widely-recognized shop name; or
3.
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