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What should be paid attention to when naming a company

Source: www.qierge.net Author: Qi Erge Time: 2022-11-09 11:21 View: 43704

What should be paid attention to when naming a company 。 As the saying goes, a man depends on his clothes, and a horse depends on his saddle. Every company wants a special name, but the practice of marking a new and innovative name on the company's registered name in order to pursue eyeballs also needs to comply with the provisions of the law!

[The enterprise name shall not be the same]

Article 3 of the Rules for Comparison of Identical and Similar Enterprise Names stipulates that:

If the enterprise name registration and approval application submitted by the applicant is under any of the following circumstances, the comparison system will prompt that the enterprise name is the same:

（1） It is identical with the enterprise name registered and approved by the same enterprise registration authority.

（2） The administrative divisions, shop names, industries and organizational forms of the enterprise names that have been registered and approved by the same enterprise registration authority are in different order, but the words are the same.

（3） It is the same as the enterprise name, trade name and trade characters that have been registered and approved by the same enterprise registration authority, but its administrative division or organizational form is different.

From the legal point of view, elaborate on the precautions for company naming

Article 4 of the Rules on Prohibitions and Restrictions on the Use of Enterprise Names stipulates that:

The name of an enterprise shall not be the same as the name of an enterprise in the same industry that has been registered and approved by the same enterprise registration authority.

The following circumstances shall apply to this clause:

（1） The same as the name of an enterprise in the same industry that has been registered by the same registration authority, or has been approved but not yet registered and is still within the validity period, or has applied but not yet approved;

（2） The same as the name of the enterprise in the same industry that has been deregistered for less than one year;

（3） It is the same as the original name of the same industry of the enterprise with the same registration authority that has changed its name for less than one year;

（4） It is the same as the name of the enterprise in the same industry whose establishment registration has been revoked and whose business license has been revoked but whose registration has not been cancelled.

[The enterprise name shall not be similar]

Article 4 of the Rules for Comparison of Identical and Similar Enterprise Names stipulates that:

In case of any of the following circumstances in the enterprise name registration and approval application submitted by the applicant, the comparison system will prompt that the enterprise name is similar:

（1） It is the same as the name and shop name of enterprises in the same industry that have been registered and approved by the same enterprise registration authority, and the industry expression is different but the meaning is the same.

（2） It has the same pronunciation, the same industry expression or different industry expression but the same content as the name of the same industry enterprise registered and approved by the same enterprise registration authority.

（3） The shop name includes or is included in the name of an enterprise in the same industry that has been registered, approved or included by the same enterprise registration authority, and the industry expression is the same or the industry expression is different but the content is the same.

（4） The trade name is the same as the part of the trade name that has been registered and approved by the same enterprise registration authority, and the trade expression is the same or the trade expression is different but the content is the same.

（5） If it does not contain industry expression or uses industry, development and other terms that do not use the national economic industry classification to express industry, it contains or is included in the shop name of the same kind of enterprise that has been registered and approved by the same enterprise registration authority, or its shop name has the same pronunciation, or some of its included and included characters have the same pronunciation.

[Words and paragraphs shall not be used]

Article 22 of the Rules on Prohibitions and Restrictions on the Use of Enterprise Names stipulates that:

The font size of an enterprise name shall be composed of characters, words or their combinations, and sentences, sentence groups and paragraphs shall not be used, except for short sentences that are distinctive or have other meanings.

In addition, the Regulations on the Administration of Enterprise Name Registration (Draft for Approval) promulgated by the Ministry of Justice on November 9, 2018 limits the number of words. Article 9 of the Regulations stipulates that:

The font size shall be composed of two or more than ten Chinese characters, which can be characters, words or their combinations, and shall be significant.

[Not detrimental to social and public interests]

Article 5 of the Rules on Prohibitions and Restrictions on the Use of Enterprise Names stipulates that:

The name of an enterprise shall not contain any content or words that are detrimental to social and public interests. The following circumstances shall apply to this clause:

（1） Having negative or adverse political influence.

（2） Advocating terrorism, separatism and extremism.

（3） Those with colonial culture, which are detrimental to national dignity and hurt people's feelings.

（4） Having the tendency of discrimination on the basis of race, nationality, sex, etc.

（5） Containing the dross of feudal culture, violating the good social customs or not respecting national customs.

（6） Involving drugs, obscenity, pornography, violence and gambling.

From the legal point of view, elaborate on the precautions for company naming

[Do not deceive or misunderstand the public]

Article 6 of the Rules on Prohibitions and Restrictions on the Use of Enterprise Names stipulates that:

The name of an enterprise shall not contain any content or words that may deceive or mislead the public. The following circumstances shall apply to this clause:

（1） Including the names of the Party and its leaders, the older generation of revolutionaries, well-known martyrs and well-known models.

For example, "Dong Cunrui", "Lei Feng", etc.

（2） Containing the name of an illegal organization or the name of a reactionary political figure or a well-known villain.

（3） Containing the name of a religious organization or having a distinctive religious color.

For example, "Christianity", "Buddhism", "Islam", etc.

[Do not include foreign names]

Article 7 of the Rules on Prohibitions and Restrictions on the Use of Enterprise Names stipulates that:

The name of an enterprise shall not contain the name of a foreign country (region) or the name of an international organization.

[Party name is not allowed]

Article 8 of the Rules on Prohibitions and Restrictions on the Use of Enterprise Names stipulates that:

The name of an enterprise shall not contain the name of a political party, the name of a party, government or military organ, the name of a mass organization, the name of a social organization, or the military serial number.

[Foreign languages, letters and Arabic numerals shall not be used]

Article 9 of the Rules on Prohibitions and Restrictions on the Use of Enterprise Names stipulates that:

The name of an enterprise shall use Chinese characters that conform to the specifications, and shall not use foreign languages, letters or Arabic numerals.

From the legal point of view, elaborate on the precautions for company naming

[Do not use "China", "China", "National", "International" and other words (with exceptions)]

Article 19 of the Rules on Prohibitions and Restrictions on the Use of Enterprise Names stipulates that:

Except for enterprises decided to establish by the State Council, the names of enterprises shall not be preceded by such words as "China", "China", "National", "" International ", etc; If the words "China", "China", "National", "" International ", etc. are used in the middle of the enterprise name, the words should be the industry qualifier; A wholly foreign-owned enterprise or a foreign-funded enterprise controlled by a foreign party that uses the name of a foreign (regional) funded enterprise may use the word "(China)" in the middle of its name. The above three types of enterprise names need to be approved by the State Administration for Industry and Commerce, except that the word "international" is used in the middle of enterprise names.

Article 13 of the Provisions on the Administration of Enterprise Name Registration stipulates that:

The following enterprises may apply to use "China", "Zhonghua" or the word "International" in their names:

（1） National companies;

（2） Large import and export enterprises approved by the State Council or its authorized organs;

（3） Large enterprise groups approved by the State Council or its authorized authorities;

（4） Other enterprises specified by the Administration for Industry and Commerce.

[It shall not contain "limit words" (except for those with)]

Article 23 of the Rules on Prohibitions and Restrictions on the Use of Enterprise Names stipulates that:

The font size of an enterprise name shall not contain misleading contents and words such as "" better "" better "", unless it has other meanings or is used in part, and the font size as a whole has other meanings.

From the legal point of view, elaborate on the precautions for company naming

[The name of foreign city shall not be included (with exception)]

Article 24 of the Rules on Prohibitions and Restrictions on the Use of Enterprise Names stipulates that:

The shop name of an enterprise name may not use the name of the jurisdiction of a foreign country (region), the name of a city and its abbreviation, or a specific title as the shop name, except for those with other meanings or used in part, and the shop name as a whole has other meanings.

[Administrative divisions shall not be used (with exceptions)]

Article 25 of the Rules on Prohibitions and Restrictions on the Use of Enterprise Names stipulates that:

Administrative divisions shall not be used as shop names, except that the place names of administrative divisions at or above the county level have other meanings.

[It shall not contain specific titles (except for those with special titles)]

Article 26 of the Rules on Prohibitions and Restrictions on the Use of Enterprise Names stipulates that:

An enterprise name may not use occupation, position, academic degree, professional title, military rank, police rank, etc. and their abbreviations or specific titles as a shop name, except for those with other meanings or used in part, and the shop name as a whole has other meanings.

[Not to be used (except for others)]

Article 27 of the Rules on Prohibitions and Restrictions on the Use of Enterprise Names stipulates that:

An enterprise may not use the standardized Chinese characters once protected by the State Administration for Industry and Commerce as the trade name of an enterprise in the same industry, unless it has obtained the authorization of the holder.