(Effective Date:1991.09.01–Ineffective Date:)
Article 1 These Provisions are formulated in order to strengthen the administration of enterprise name, protect lawful rights and interests Article 2 These Provisions are applicable to enterprises qualified as legal persons or required to be registered according to law within China’s Article 3 An enterprise name, when being applied for registration by an enterprise, shall be examined and approved by the competent registration Article 4 The competent registration authorities of enterprise names (hereinafter referred to as “the competent registration authorities”) In accordance with the Regulations of the People’s Republic of China for Controlling the Registration of Enterprises as Legal Persons, Article 5 The competent registration authorities are enpost_titled to rectify the inappropriate enterprise names already registered. The competent Any unit or individual may require to the competent registration authorities to rectify an inappropriate enterprise name registered. Article 6 An enterprise is permitted to use one name only which shall not be the same as or similar to the name of an enterprise already registered For special requirements, an enterprise may use a subordinate name within a prescribed scope after obtaining an approval from the Article 7 An enterprise name shall consists of the components in the following order: the shop name (or trade name, similarly hereinafter), An enterprise name shall be preceded by the name of the administrative area such as the province (including autonomous region and Any of the following enterprises may use an enterprise name not preceded by the name of the administrative area where it is located (1) enterprises listed in Article 13 of these Provisions; (2) enterprises with long history and famous shop names; or (3) enterprises with foreign investment. Article 8 Enterprise names shall be in Chinese characters; besides, enterprise names in national autonomous areas may be simultaneously in Where an enterprise also uses a name in foreign language, the name in foreign language shall conform to its Chinese name and also Article 9 Enterprise names may not contain any of the following contents or words: (1) those being detrimental to the State and social public interests; (2) those causing fraudulence or misunderstanding to the public; (3) names of foreign countries (regions) and names of international organizations; (4) names of political parties, of party, government or army departments, of people’s organizations, of social organizations or military (5) Chinese phonetic alphabet (except for those used in a name in foreign language) or figures; or (6) those being prohibited by laws or administrative regulations. Article 10 An enterprise may choose its shop name. The shop name shall be composed of more than two Chinese characters. An enterprise may use the name of the locality where it is located or that of another place as its shop name if it has proper reasons, A private enterprise may use the name of its investor as its shop name. Article 11 An enterprise, based on its main business, shall indicate the sector in which it belongs or its business characteristics in its name Article 12 An enterprise shall indicate its organizational form, clearly and easily to be understood, in its name in accordance with its organizational Article 13 Any of the following enterprises may apply for using “Zhongguo” or “Zhonghua” (both mean China) or “Guoji” (international) in its (1) national corporations; (2) large-size import and export enterprises approved by the State Council or by its authorized bodies; (3) large-size enterprise groups approved by the State Council or by its authorized bodies; (4) other enterprises determined by the State Administration for Industry and Commerce. Article 14 Where an enterprise sets up branches, the name of the enterprise and its branches shall comply with the following requirements: (1) When the word “general” is used in an enterprise name, the enterprise shall have three or more branches; (2) Where an enterprise’s branch cannot bear independently its own civil responsibilities, its name shall be preceded by the name (3) Where a branch can bear independently its own civil responsibilities, it shall use an independent enterprise name and may use (4) A sub-branch set up by a branch that can bear independently its own civil responsibilities may not include the general enterprise’s Article 15 The name of a joint operated enterprise may use any partner’s shop name but not the partner’s enterprise name, and shall include Article 16 With special reasons, an enterprise may apply separately for its enterprise name registration in advance before its business operation Article 17 An enterprise with foreign investment shall apply separately for its enterprise name registration in advance after getting the approvals Article 18 The competent registration authority shall make a decision of approval or rejection within ten days from the date of receipt of all When the application for a separate enterprise name registration in advance is approved, the competent registration authority shall Article 19 The period of reservation for a separate registered enterprise name in advance is one year after it has been approved. An enterprise The enterprise name shall automatically cease to be effective if the enterprise fails to go through the formalities for its business Article 20 The name used for seal, bank account, signboard and correspondence papers of an enterprise shall be identical with the registered Article 21 The competent registration authority shall not approve the registration of an enterprise name if the name applied for registration (1) that of an enterprise which has been dissolved for less than three years; (2) that of an enterprise whose business licence has been revoked for less than three years; or (3) that of an enterprise whose registration has been cancelled for less than one year for the reasons not specified in Items (1) Article 22 An enterprise name which has been approved and registered may not be applied for a change within one year without special reasons. Article 23 An enterprise name may be assigned with the enterprise or parts of the enterprise. An enterprise name may only be assigned to one enterprise. The assignor and assignee of the enterprise name shall sign a written contract The assignor may not continue to use the assigned enterprise name after the assignment. Article 24 Where two or more enterprises apply for registration of one same enterprise name which is in conformity with the provisions to the Where two or more enterprises apply for registration of the same enterprise name to different registration authorities, the registration Article 25 Where two or more enterprises dispute over one same or similar enterprise name already registered, the competent registration authority Where a Chinese enterprise and an enterprise of a foreign country (or region) dispute over an enterprise name in China’s territory Article 26 Any of the following acts in violation of these Provisions shall be punished by a competent registration authority according to the (1) In the case of the use of an unregistered enterprise name in production or business operation, the cessation of operation shall (2) In the case of an unauthorized change of an enterprise name, a warning shall be issued or a fine of more than 1,000 but less than (3) In the case of assigning or leasing an enterprise name without authorization, the illegal income shall be confiscated and a fine (4) In the case of the use of an enterprise name for production or business operation during the period of its reservation or the (5) In the case of a violation of Article 20 of these Provisions, a warning shall be issued and a fine of more than 500 but less 5,000 Article 27 Where the registered name of one enterprise is used without authorization by another enterprise or the former’s exclusive right to The infringed party may bring a suit directly in the people’s court for handling a case of infringement on the exclusive right to Article 28 Any party dissatisfied with the specific administrative act taken by a competent registration authority under these Provisions may, If no application for reconsideration is made up to the expiration of the said period, or the decision of the reconsideration is not Article 29 An enterprise of a foreign country (region) may apply for registration of its name in the territory of China. A foreign (regional) enterprise shall apply to the State Administration for Industry and Commerce for its name registration with the Article 30 The registration and control of the name of an institution, business unit operated by an institution or an individual industrial Article 31 The continuous use of an enterprise name that has been approved and registered prior to the effectiveness of these Provisions shall Article 32 The Certificate of Enterprise Name Registration shall be uniformly made by the State Administration for Industry and Commerce. Article 33 The State Administration for Industry and Commerce is responsible for the interpretation of these Provisions. Article 34 These Provisions shall enter into effect as of September 1, 1991. The Interim Provisions on the Registration of Names of Industrial
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