Regulations on the Registration and Administration of Enterprise Names (Draft for Comments)

Create Time:2019-03-05

企业名称登记管理条例(征求意见稿)

Regulations on the Registration and Administration of Enterprise Names

(Draft for Comments)

联络人Contact Person: 沈可心 Kalare Shen

办公室电话Contact Number010-65158872-805

电邮Email Addresskalareshen@qbpc.org.cn

 

针对企业名称登记管理条例(征求意见稿)的建议

Comments on Regulations on the Registration and Administration of Enterprise Names (Draft for Comments)

条款号

Article in the Regulations

相关条款内容(征求意见稿)

Related provisions in the Regulations

建议修改为

Proposed Amendments

修改的理由和说明

Reasons and Explanation for Amendments

Article 18

[Not Similar] No enterprise name may be similar to any enterprise name involved in any circumstance as specified in Article 17 hereof.

An enterprise name may not contain the name of any other enterprise, and may not contain the name of any other corporate organization or unincorporated organization, unless otherwise authorized.

The registered trademark or unregistered well-known trademark of others, the name (including abbreviation thereof) of any social organization which enjoys certain influence, the name (including pen name, stage name and translated name) of any person or the name of any website may not be used as trade name so as to mislead the public, unless otherwise authorized.

[Not Similar] No enterprise name may be similar to any enterprise name involved in any circumstance as specified in Article 17 hereof.

An enterprise name may not contain the name or trade name of any other enterprise, trademarks identical or similar to registered trademarks; the trade names of different enterprises shall not be combined; the trade name of any other enterprise or registered trademark of any other related enterprise shall not be combined and used (unless otherwise authorized). May not contain the name of any other corporate organization or unincorporated organization, unless otherwise authorized.

The registered trademark or unregistered well-known trademark of others, the name (including abbreviation thereof) of any social organization which enjoys certain influence, business name, trade name or simplified enterprise name which enjoy certain influence, the name (including pen name, stage name and translated name) of any person or the name of any website may not be used as trade name so as to mislead the public, unless otherwise authorized.

The trade name (both in foreign language and in Chinese), business name which are widely used abroad of other companies may not be used as part of trade name or enterprise name of the company.

Similar names of the registered trademark or unregistered well-known trademark of others may not be used as trade name which can confuse customers.

Since an enterprise name contains “administrative division, trade name, industry or business characteristics and organizational form”, it is not possible for an enterprise to fully cover the name of another enterprise, and the common practice is to contain the particular trade name so as to confuse customers.

In addition, some enterprises attempt to mix up the trade names of companies which enjoy relatively high popularity on the market, so as to obtain a larger brand effect.

In practice, some enterprises attempt to add the simplified name of enterprise which has social influence into their own enterprise names (such as XX Sinochem Company and XX Benz Company).

Article 24

[Commitment of Applicant] The applicant shall be liable for authenticity of application materials, shall submit the commitment letter stating that it will undertake the legal liabilities for similarity of name, and shall make correction in accordance with the requirements of registration authority.

[Commitment of Applicant] The applicant shall be liable for authenticity of application materials, shall submit the commitment letter stating that it will undertake the legal liabilities for similarity of name, and shall make correction in accordance with the requirements of registration authority. The registration authority could ask the legal representative of the applicant who refuses to change its name in accordance with the requirements to assume administrative responsibilities.

 

Article 26

[Principle of First Application] In case two or more applicants apply for an enterprise registration authority for registration of a same enterprise name, the enterprise registration authority shall handle the registration in accordance with the principle of first application.

[Principle of First Application] In case two or more applicants apply for an enterprise registration authority for registration of a same enterprise name, the enterprise registration authority shall handle the registration in accordance with the principle of first application. The group cooperation shall have priority in applying for an enterprise name of its subsidiary or member enterprise.

 

Article 28

[Principles for Use] When using its name, every enterprise shall follow the good faith principle, and may not damage the state interests, the public interests or the lawful rights and interests of others by abusing the enterprise name right.

[Principles for Use] When using its name, every enterprise shall follow the good faith principle, and may not damage the state interests, the public interests or the lawful rights and interests of others by abusing the enterprise name right.

 

During the use of enterprise name, the registered trademark, trademarks identical or similar to registered trademarks ,unregistered well-known trademark, brand logo, unique logo of others may not be combined for use and advertising.

Some enterprises add the unique logo of famous company into their advertising materials deliberately, so as to confuse customers.

Article 29

 [Use of Simplified Name] The name used in seal or bank account name of an enterprise shall be identical with the registered enterprise name. The name plaque of an enterprise in commercial, public catering or service industry may be appropriately simplified, provided that it may not be identical with or similar to the popular commercial logo of others and thus mislead the public.

 

 

[Use of Simplified Name] The name used in seal or bank account name of an enterprise shall be identical with the registered enterprise name. The name plaque of an enterprise in commercial, public catering or service industry, online advertising, advertising materials, technical materials for external communication, etc. of an enterprise may be appropriately simplified, provided that it may not be identical with or similar to the popular commercial logo of others, and may not combine and use unique enterprise logo, business name and logo of others, thus mislead the public.

No enterprise, whether in commercial, public catering or service industry, may make its commercial logo identical with or similar to that of any other enterprise (so as to confuse customers).

 

In addition, there are a lot of behaviors on the market whereby the famous logos of others are combined and used so as to mislead customers. As a result, such behaviors must be regulated and normalized.

Article 32

[Punishment on Violation of Provisions] Every enterprise registration authority shall have the right to correct the enterprise names which don’t comply with the provisions hereof, and an enterprise registration authority at higher level shall have the right to require an enterprise registration authority at lower level to correct any enterprise name which does not comply with the provisions hereof.

[Punishment on Violation of Provisions] Every enterprise registration authority shall have the right to correct the enterprise names (including  those already registered in history) which don’t comply with the provisions hereof, and an enterprise registration authority at higher level shall have the right to require an enterprise registration authority at lower level to correct any enterprise name which does not comply with the provisions hereof.

It is advised to include the handling of historically-existing names. At present, there are many situations on the market which violate the provisions of Article 17 or 18.

Article 33

[Ruling on Dispute] In case an enterprise believes that any other enterprise has violated the provisions of Article 17 and Paragraph 1 of Article 18 hereof and infringed upon its enterprise name right, it may bring an action with the people’s court, or, within three years after the date on which it becomes aware of or should become aware of the infringement, request the registration authority of infringing enterprise to give administration ruling.

 

After receiving an application, the enterprise registration authority may carry out mediation for name-related dispute. In case an agreement is reached through mediation, the parties concerned shall perform such agreement; in case no agreement can be reached through mediation, the enterprise registration authority will make decision and inform the parties concerned thereof in writing. Where infringement is confirmed, the enterprise registration authority shall order the infringing party to cease the use of enterprise name and go through the formalities for registration of modification to name. The specific measures for administrative rules for disputes relating to enterprise names shall be separately formulated by the State Administration for Market Regulation.

[Ruling on Dispute] In case an enterprise believes that any other enterprise has violated the provisions of Article 17 and Paragraph 1 of Article 18 hereof and infringed upon its enterprise name right, it may bring an action with the people’s court, or, within three years after the date on which it becomes aware of or should become aware of the infringement, request the registration authority of infringing enterprise to give administration ruling.

 

After receiving an application, the enterprise registration authority may carry out mediation for name-related dispute. In case an agreement is reached through mediation, the parties concerned shall perform such agreement; if fail to perform within specified time limit, the infringing party shall bear the corresponding civil compensation liability. In case no agreement can be reached through mediation, the enterprise registration authority will make decision and inform the parties concerned thereof in writing. Where infringement is confirmed, the enterprise registration authority shall order the infringing party to cease the use of enterprise name and go through the formalities for registration of modification to name. The specific measures for administrative rules for disputes relating to enterprise names shall be separately formulated by the State Administration for Market Regulation.

Some enterprises may deliberately delay the modification or fail to carry out material modification to name for the purpose of achieving business goal. Therefore, it is necessary to establish the mechanism for handling the situation that the name is not modified within specified time limit.

Article 35

[Forced Removal of Name] In case the people’s court or administrative authority believes that the use of an enterprise name shall be ceased, the relevant enterprise shall, within 30 days after receiving the valid legal instrument issued by people’s court or the decision issued by administrative authority, go through the formalities for registration of modification to name; before the name is modified, the enterprise registration authority shall replace such name with the uniform social credit code. Where no application for modification is lodged within the time limit, such enterprise will be included into the list of enterprises under abnormal operating conditions.

 

[Forced Removal of Name] In case the people’s court or administrative authority believes that the use of an enterprise name shall be ceased and modification to name shall be implemented, the relevant enterprise shall, within 30 days after receiving the valid legal instrument issued by people’s court or the decision issued by administrative authority, go through the formalities for registration of modification to name; before the name is modified, the enterprise registration authority shall replace such name with the uniform social credit code. Where no application for modification is lodged within the time limit, such enterprise will be included into the list of enterprises under abnormal operating conditions. For enterprise that fails to implement modification to name within the time limit, it can not use such name for external publicity.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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