Shanghai Municipality, Administration of the Registration of Enterprise Names Provisions

Promulgated: June 16 2005
Effective: September 1 2005

Main contents: According to the Provisions, enterprise names shall be composed of the administrative division indicator, business name, industry or characteristics of the enterprise business, and form of organization. When describing the industry to which an enterprise belongs to or characteristics of the enterprise business in an enterprise name, it shall be based on the enterprise's principal business and in accordance with the category classified by the national standard for classification of industries. An enterprise with cross-sector business may exclude the industry to which it belongs to, or the characteristics of the enterprise business, unless administrative regulations provide otherwise (Article 4). Enterprise names for which registration is applied shall be easily identified, and may not be identical or similar to the name of another enterprise in the same industry already registered with the registration authority. The term "similar to the enterprise name of another enterprise" refers to any one of the following circumstances arising between an enterprise name applied by an applicant and the enterprise name of another enterprise in the same industry already registered with the registration authority: (1) where both the enterprise names include industry descriptions, and have identical business names and industry descriptions but different forms of organization; (2) where both enterprise names include industry descriptions, and have identical business names and industry descriptions that are different but carrying the same implication; (3) where both the enterprise names include industry descriptions, have business names with identical pronunciation and similar character patterns, and have industry descriptions that are identical or carrying the same implication; (4) where both enterprise names do not include any industry description, but have identical business names and different forms of organization; or (5) where both enterprise names do not include any industry description, but have business names with identical pronunciation and similar character patterns (Article 5). Enterprise names for which registration is applied shall not include contents and words that (1) are sufficient to mislead the public regarding its assets relations or the industry in which it is engaged, etc.; or (2) can easily cause confusion with the names of other legal persons or organizations and mislead the public (Article 6).
Related legislation: Administration of the Registration of Enterprise Names Provisions, Jul 22 1991, CLP 1991 No.8 p.23