According to the website of the State Administration for Market Regulation, in order to create a first-class business environment, actively build a unified national market system and rules, coordinate vitality and order, better standardize the registration and management of service enterprise names, protect the legitimate rights and interests of enterprises, and maintain a fair competitive market Order, recently, the State Administration for Market Regulation promulgated Order No. 82, revising and promulgating the "Implementation Measures for the Administration of Enterprise Name Registration Regulations" (hereinafter referred to as the "Measures"), which will come into force on October 1, 2023.
The "Measures" detailedly implement the "Regulations on the Administration of Enterprise Name Registration" promulgated by the State Council, support the development of service enterprises, optimize and facilitate the self-declaration service of enterprise names, refine the procedures for adjudicating enterprise name disputes, safeguard the legitimate rights and interests of enterprises, and strengthen enterprise name matters. Supervise and supervise the implementation of the main responsibility of enterprises.
The first is to optimize the self-declaration service of enterprise names. It is clarified that the management of enterprise name registration shall follow the principles of compliance with laws and regulations, unified norms, openness and transparency, convenience and efficiency. Refine and improve the standard requirements for the composition of enterprise names, clarify and standardize the relevant requirements for enterprise names that do not contain administrative division names, industry or business characteristics, and better serve and guide the declaration of enterprise names. Strengthen informatization support services, require the enterprise name application system to automatically compare the names submitted by applicants, and issue prohibition and restriction instructions or risk warnings based on enterprise name prohibition and restriction rules, identical and similar comparison rules, etc.
The second is to standardize the management order of enterprise name registration. It is stipulated that the declaration and use of enterprise names should adhere to good faith, respect prior legal rights, and avoid confusion. In order to strictly prevent and stop illegal activities such as counterfeiting state-owned enterprises and central enterprises, the "Measures" strictly prohibit "using words related to major national strategic policies to make the public mistakenly believe that they are related to state funding and government credit" "submitting false materials or taking other measures" Self-declaration of enterprise name by fraudulent means" "deliberate declaration of enterprise name similar to the name (including abbreviation, trade size, etc.) of others who have had a certain influence in the same industry". It is stipulated that if the name of the enterprise is prefixed with words such as "China", "Zhonghua" and "Central", it shall be strictly reviewed in accordance with the provisions of laws and regulations.
The third is to strengthen the use and supervision and management of enterprise names. It is stipulated that the use of names shall abide by the provisions of laws and regulations, and shall not infringe on the prior legitimate rights and interests of others by means of imitation and confusion. Refining and improving the procedures for the registration authority to correct the name of the enterprise. Adhere to the principle of equal penalty and combination of punishment and education, distinguish between subjective fault, circumstances and consequences, and set different legal responsibilities for violations of regulations to declare and use enterprise names.
The fourth is to improve the administrative adjudication mechanism for name disputes. Add a special chapter on the adjudication of enterprise name disputes, refine the specific rules and procedural norms for enterprise name disputes, and improve the relief measures for the legitimate rights and interests of enterprise names. It is clarified that when the enterprise registration authority examines enterprise name disputes, it shall comprehensively consider relevant factors in accordance with the law. Adhering to the principle of high efficiency and convenience for the people, it is clarified that for enterprise name disputes with clear facts, minor disputes, and simple cases, summary adjudication procedures may be applied in accordance with relevant regulations.
In the next step, the market supervision department will conscientiously implement the provisions of the "Measures", strengthen publicity and training, do a good job in publicity and interpretation, strictly implement responsibilities, continuously optimize service measures, strengthen legal supervision, credit supervision, and smart supervision, and support high-quality business entities develop.
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