The “Implementing Measures for the Administrative Provisions on the Registration of Enterprise Names” will be implemented from October 1, 2023
On August 29, 2023, the SAMR issued the “Implementing Measures for the Administrative Provisions on the Registration of Enterprise Names” (hereinafter referred to as the “New Measures”), which revised the 2004 version and will come into effect on October 1. The main reason for this revision is that the upper-level law ” Administrative Provisions on the Registration of Enterprise Names ” came into effect on March 1, 2021, which changed the legal approval system for enterprise names to the voluntarily declaration system for enterprise names, and changed the prior review to the post supervision. Therefore, it is necessary to adjust the specific rules of the lower-level law accordingly.
The highlights of the “New Measures” are as follows:
- Strengthen the protection of enterprise names that have a certain influence
From the perspective of prohibiting infringement, Article 16 stipulates that enterprise names shall not use words that are the same as or similar to the prior name (including abbreviation, trade name, etc.) of others in the same industry that has certain influence; and Article 23 stipulates that enterprises shall not intentionally declare an enterprise name similar to a prior name (including abbreviation, trade name etc.) of others which has certain influence.
From the perspective of administrative protection, on the one hand, Article 33 stipulates that if a provincial enterprise registration authority discovers an enterprise name (including abbreviation, trade name etc.) which has certain influence nationwide is used by others without authorization to mislead the public, and it is necessary to include the relevant wordings in the system of prohibited and restricted enterprise names in the administration of registration of enterprise names, it shall promptly report to the SAMR, and the SAMR shall decide whether to include the relevant wordings in the system of prohibited and restricted enterprise names in the administration of registration of enterprise names. That is to say, the “cross administrative protection” for the enterprise name with certain influence is as similar as the protection degree of the “cross class protection” for well-known trademarks. On the other hand, Article 48 also provides administrative penalties for violations of prohibited infringing acts.
- Refine the procedural provisions for the adjudication of enterprise name disputes
Chapter 5 stipulates the specific procedures for name dispute adjudication, including the materials submitted by the applicant for dispute adjudication, the time limit for examination by the enterprise registration authority, the reasons for rejection, defense procedures, mediation, adjudication and so on. These regulations aim to ensure procedural fairness.
- Set new requirement for enterprise names
Article 10 stipulates that the trade name in an enterprise name shall be conspicuous. Therefore, the naming of enterprise names should avoid using terms such as administrative division names, terms represent industry or business characteristics. However, according to the “New Measures”, where the name of a local administrative division at or above the county level, industry or business characteristics and so on have other meanings and can be clearly identified by the public and will not be deemed as having a specific connection with the place name, industry or business characteristics, such words may be used as a trade name or a component part of a trade name.