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Registration Procedure for a Business Name

Time:2014-03-13 Hit:951

Registration Procedure for a Business Name

   There are four steps in the business name registration procedure: the process of application; examination and registration; issuing certification; and public announcement.

   The business operator shall apply for its business name, which is part of the establishment of the business entity. In establishing a company, the preliminary approval of its business name shall be processed before the registration, whereby a representative designated by all the shareholders(for joint-stock limited companies, a representative designated by all the promoters) or an agent jointly entrusted shall file an application for the preliminary approval of its name with the company registration body.

  The authority shall make a positive or negative decision within ten days after receiving the files for application within a certain period. Such decisions are made by examining factors for consideration, such as the applicant's qualifications, or whether the business name breaches the above-mentioned limitations or prohibitions. If the decision is positive, the authority shall at the same time issue a Registration Certification of Business Name or Preliminary Approval Notification of Business Name.

Legal Protection for a Business Name:

  1. First, legal protection is provided by the General Principles of Civil Law(GPCL) under civil law. Articles 99 and 120 of the GPCL stipulate that legal persons, individuals, and partnerships shall enjoy the right of a personal name, and shall have the right to use or assign its business name.
  2. Second, legal protection is provided by special laws, The special rules concerning business name protection are contained mainly in the following: the Regulation on Administration of Enterprise Name Registration, the Measures for Enterprise Name Registration, and the Regulation of the PRC on the Administration of Company Registration.
  3. Third, legal protection is provided by laws against unfair competition. The infringement of rights concerning a business name may be regarded as an act of unfair competition. Article 5.3 of the Anti-unfair-competition Law prescribes that deliberately and illegally using the name of other enterprises to arouse confusion regarding commodities shall be subject to civil and administrative liabilities. Similar Protection of Consumer Rights and Interests, and others

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