(Adopted at the 20th Session of the Standing Committee of the 12th People‘s Congress of Shanghai Municipality on 16 June 2005 and effective as of 1 September 2005.)
颁布日期:20050616 实施日期:20050901 颁布单位:上海市人大常委会
Article 1 These Provisions have been formulated in accordance with the Administration of Registration of Enterprise Names Provisions and the relevant laws and regulations in light of the specific circumstances of Shanghai in order to standardize the administration of registration of enterprise names, protect the lawful rights and interests of owners of enterprise names and safeguard fair competition.
Article 2 These Provisions apply to the registration of enterprise names and the relevant administration activities within the administrative area of the Municipality.
Article 3 The Shanghai Administration for Industry and Commerce shall be responsible for verifying and approving enterprise names that commence with the name of the municipal level administrative division; each county branch of the industry and commerce administration shall be responsible for verifying and approving enterprise names that commence with the name of that county‘s administrative division. (The Shanghai Administration for Industry and Commerce and its county branches are hereafter collectively referred to as the “Registration Authority”)
The Shanghai Administration for Industry and Commerce may entrust industry and commerce administration branches to handle the acceptance and preliminary examination of the enterprise name applications within their respective jurisdiction.
Article 4 An enterprise name shall be composed of an administrative division indicator, a business name, the industry or business characteristics and the form of organization.
The industry or business characteristics to be described in an enterprise name shall be described on the basis of the main business of the enterprise in accordance with the categories in the State industry classification standard.
If an enterprise has cross-industry business, it shall not be required to describe the industry or business characteristics in its name unless otherwise provided by laws and administrative regulations.
Article 5 An enterprise name of which registration is applied for shall be easy to identify and shall not be identical or similar to any enterprise name in the same industry which has been registered with the Registration Authority.
The phrase “identical to any enterprise name” as used in Paragraph One of this Article means that the enterprise name being applied for by the applicant is entirely identical to an enterprise name that has been registered with the Registration Authority.
The phrase “similar to any enterprise name” as used in Paragraph One of this Article means that the enterprise name being applied for by the applicant and an enterprise name that has been registered with the Registration Authority are in any of the following circumstances:
(1) both enterprise names contain an industry description, the business names are identical, the industry descriptions are identical in words, but the forms of organization are different;
(2) both enterprise names contain an industry description, the business names are identical, and the
industry descriptions are identical in meaning but not in words;
(3) both enterprise names contain an industry description, the business names have identical pronunciation and similar characters, and the industry descriptions are identical in words or in meaning;
(4) neither enterprise name contains an industry description, the business names are identical, but the forms of organization are different; or
(5) neither enterprise name contains an industry description, but the business names have identical pronunciation and similar characters.
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