Regulations on the Administration of Enterprise Name Registration（2021）(Decree of the State Council No. 734 — Effective from March 1, 2021)
Chapter I General Provisions
Article 1
These Regulations are formulated to standardize the administration of enterprise name registration, protect the legitimate rights and interests of enterprises, maintain fair market competition, and promote the establishment of a unified, open, competitive, and orderly modern market system.
Article 2
These Regulations apply to the registration, use, and administration of names of enterprises established within the territory of the People’s Republic of China.
The term “enterprise names” includes the names of enterprises, farmers’ specialized cooperatives, and branches thereof.
Article 3
Enterprise name registration shall adhere to the principles of legality, fairness, honesty, and creditworthiness.
Article 4
The State Administration for Market Regulation (SAMR) shall supervise and guide enterprise name registration administration throughout the country.
Local market regulation departments at or above the county level shall be responsible for enterprise name registration within their respective jurisdictions.
Article 5
The State implements a unified enterprise name registration and administration system.
Enterprise names shall be subject to unified standards, unified inquiry services, and unified public disclosure nationwide.
Article 6
Enterprise names enjoy legal protection upon registration in accordance with the law.
No organization or individual may infringe upon the exclusive right to use registered enterprise names.
Chapter II Composition and Rules of Enterprise Names
Article 7
An enterprise name shall consist of the following components, arranged in order:
(1) Administrative division;
(2) Name (brand name);
(3) Industry descriptor;
(4) Organization form.
Enterprise names may be structured in other forms as provided by laws or administrative regulations.
Article 8
The name (brand name) shall generally consist of two or more Chinese characters, shall conform to socialist core values, and shall not harm national interests or public interest.
Article 9
The industry descriptor shall reflect the enterprise’s main business activities and correspond to its business scope.
Article 10
The organization form shall indicate the type of enterprise as prescribed by laws or administrative regulations.
Article 11
The same enterprise name shall not be registered by two or more enterprises within the same administrative region, unless otherwise permitted by the State.
Article 12
Enterprise names shall not contain the following:
(1) Content that harms national interests or public interest;
(2) Content that may deceive or mislead the public;
(3) Foreign country names, international organization names, or names of political parties;
(4) Words restricted by laws or administrative regulations;
(5) Other content prohibited by laws or administrative regulations.
Chapter III Prohibited and Restricted Matters
Article 13
Enterprise names shall not contain:
(1) “China,” “Chinese,” “National,” “State,” or similar words unless approved in accordance with the law;
(2) Names identical or similar to those of state organs, people’s organizations, social organizations, or military units;
(3) Specialized terms requiring approval if such approval has not been obtained.
Article 14
Enterprise names shall not infringe upon others’ legitimate rights and interests, including:
(1) Copyright;
(2) Trademark rights;
(3) The exclusive right to use registered enterprise names.
Article 15
Enterprises may use their registered names in business activities.
Use of enterprise names shall be truthful and lawful and shall not mislead the public.
Chapter IV Registration Procedures
Article 16
Where an enterprise applies for registration, modification, or cancellation of an enterprise name, it shall submit the application through the enterprise registration online service system or to the registration authority.
Article 17
Registration authorities shall review enterprise name applications based on the principles of convenience and efficiency and shall use the unified enterprise name database for intelligent comparison and verification.
Article 18
If an enterprise name passes formality review and is not identical or confusingly similar to an existing name, the registration authority shall approve the name.
Article 19
If an applied-for enterprise name contains restricted words that require approval, the applicant shall provide relevant approval documents.
Article 20
The registration authority shall not register an enterprise name that violates these Regulations.
Article 21
Enterprise names in use shall be disclosed to the public through the enterprise credit information publicity system.
Chapter V Use of Enterprise Names
Article 22
An enterprise shall use its registered name in accordance with the law.
Where an enterprise changes its name, it shall publicly disclose the change through the enterprise credit information publicity system.
Article 23
An enterprise shall indicate its registered full name on its business premises, websites, contracts, invoices, and other documents.
Article 24
Where an enterprise name is deregistered in accordance with the law, the right to exclusive use of the name shall be terminated.
Chapter VI Handling of Name Disputes
Article 25
Any organization or individual may raise an objection to a registered enterprise name that violates these Regulations.
Article 26
The registration authority shall, upon receiving an objection, conduct an examination and may order corrective measures within a prescribed time limit.
Article 27
Where an enterprise refuses to correct a name that violates these Regulations, the registration authority may revoke the enterprise name registration.
Article 28
Where a name dispute involves infringement of civil rights, the parties may resolve the dispute through negotiation, mediation, arbitration, or litigation.
Chapter VII Legal Liability
Article 29
Where an enterprise registers or uses an enterprise name in violation of these Regulations, the registration authority shall order correction and may impose a fine.
Article 30
Where an enterprise name infringes upon the legitimate rights and interests of others, civil liability shall be borne in accordance with the law.
Article 31
Where a registration authority or its personnel abuse power, neglect duties, or commit malpractices in enterprise name registration, administrative sanctions shall be imposed; criminal liability shall be pursued if a crime is constituted.
Chapter VIII Supplementary Provisions
Article 32
These Regulations shall apply mutatis mutandis to farmers’ specialized cooperatives and individual businesses.
Article 33
The State Administration for Market Regulation shall interpret these Regulations.
Article 34
These Regulations shall come into force on March 1, 2021.
The previous “Regulations on the Administration of Enterprise Name Registration” shall be repealed simultaneously.
Disclaimer: The regulation of company registration in China is translated by FDIChina for reference only. There may be different interpretations of the Chinese version.