Notice of the Wuxi Municipal People's Government on Printing and Issuing the Administrative Measures for the Independent Declaration and Registration of Names of the Enterprises in Wuxi (for Trial Implementation)
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Index No.

014006438/2017-00145

Creation date

2017-09-25

Issuing date

2017-09-27

Document No.

Xi Zheng Fa [2017] No. 252

Limit of publicity

Long term

Issuing department

the Wuxi Municipal People's Government

Forms of publicity

On websites

Mode of publicity

Initiative publicity

Range of publicity

The whole society

Period of validity

Long term

Procedures of publicity

Publicity after being drafted by the department and approved by relevant offices

Theme (the 1st level)

Market supervision, production safety supervision -- industry and commerce

Type

Notice

Key words

Economy, enterprise, method

File download

Content summary

Notice of the Wuxi Municipal People's Government on Printing and Issuing the Administrative Measures for the Independent Declaration and Registration of Names of the Enterprises in Wuxi (for Trial Implementation)

 

All city (county) and district people's governments, municipal committees, offices, bureaus and subordinated units,

 

The Administrative Measures for the Independent Declaration and Registration of Names of the Enterprises in Wuxi (for Trial Implementation) has been approved by the 13th Executive Meeting of the Wuxi Municipal People's Government, and is hereby issued to you, please comply with the implementation.

 

Wuxi Municipal People's Government

 

September 25, 2017

 

The Administrative Measures for the Independent Declaration and Registration of Names of the Enterprises in Wuxi (for Trial Implementation)

 

Article 1 In order to further promote the convenience of enterprise registration and simplify the registration procedure of enterprise name, now formulate this measure in accordance with the relevant provisions of the Management Regulations of Name Registration of the Enterprises, the Implementation Measures for Name Registration Management of the Enterprises, and combine with the local reality of Wuxi.

 

Article 2 Enterprises titled with "Wuxi" under the administrative areas of Wuxi, their independent declaration of names and related management activities are applicable to these measures.

 

Except those enterprises that need to handle administrative examination and approval in accordance with the law before registration.

 

Article 3 Independent name declaration of the enterprises mentioned in this measure refers to that the applicants in accordance with the relevant provisions and registration rules of enterprise name registration, conduct independent inquiry, comparison, judgment, reporting on the proposed name, and bear the corresponding legal responsibility system through the enterprise name independent declaration system.

 

Article 4 Independent name declaration of the enterprises shall follow the principle of honesty and credibility, comply with social morality and commercial ethics, and shall not infringe on the prior rights of others.

 

Article 5 The registration organs shall public declaration guidance and information list in the independent enterprise name declaration system to make it convenient for the applicants to inquire.

 

Article 6 The name structure, code and industry of the self-declared enterprises shall conform to the rules of the name registration of the enterprises. It shall not be declared if it contains prohibited words and contents; declare according to the conditions if it contains restrictions on the use of words and contents; in other cases, declare independently according to law.

 

Article 7 The enterprise names that are declared independently shall not be the same or similar to the name of the enterprises in the same industry that have been declared (approved) or registered in the city.

 

The enterprise names that are declared independently shall not be similar to the name of the enterprises in the same industry that have been declared (approved) or registered in the city, except those have investment relationship.

 

Article 8 The independent-declared enterprise names belong to the same enterprise name under any of the following circumstances:

 

i The same with the name of the same industry enterprise that has already been declared (approved) or registered;

 

ii The same with the used name of the same industry enterprise that has changed the name for less than 1 year;

 

iii The same with the name of the same industry enterprise that has been cancelled registration for less than 1 year;

 

iv The same with the name of the same industry enterprise that has been cancelled establishment registration and revoked business licenses but has not conducted cancellation of registration;

 

v Be different from the marshalling sequence of administrative division, code, industry and organizational form of the registered and approved enterprise name, but the text is the same;

 

vi The same with the code, industry text of the registered and approved enterprise name, but the administrative division or organizational form is different.

 

ix The independent declaration name of the enterprise belongs to the approximate enterprise name with the market entities which has been declared (approved) or registered by the city under any of the following circumstances:

 

i The same with the code and name of the same industry enterprise, industry expression is different but meanings are the same;

 

ii The same with the pronunciation of name and code of the same industry enterprise, the industry expression is the same or the industry expression is different but the text is the same;

 

iii The enterprise name and code contains the same name or code of the same industry enterprise that has been declared (approved) or registered or be contained by them, and the industry expression is the same or the industry expression is different but the text is the same;

 

iv The code is the same with part of the pronunciation of the name and code of the same industry enterprise that has been declared (approved) or registered, and the industry expression is the same or the industry expression is different but the text is the same;

 

v Do not contain industry expression or express the industry without using the classification words of national economic industries such as industry, development, contain or be contained the code of the same industry enterprise name that has been declared (approved) or registered, or the pronunciation of the code is the same, or part of the pronunciation that contains or be contained is the same.

 

Article 10 The applicants apply for the enterprise names through the independent name declaration system of the enterprise, and can conduct enterprise registration directly within 15 days if it passes the inquiry and comparison; if the registration has not been completed within 15 days, you can apply for an extension of 15 days; if the enterprise is not registered after the expiration of the registration period, the enterprise name will be automatically invalidated.

 

Article 11 After the approval of independent name declaration of the enterprise, the registration authorities, investors, registered capital and investment volume and other items shall not be adjusted within the period of validity. If it needs to be changed, it should be re declared after it is invalidated.

 

Article 12 The registration authority shall manage the independent-declared enterprise name in accordance with the law and has the right to reject the unsuitable enterprise name.

 

Article 13 The registration authority does not conduct registration if it finds that there is enterprise name that obviously violate the registration rules in the process of registration, and it shall notify the applicant to change the name of the enterprise and declare again.

 

Article 14 Any unit or individual finds that the enterprise name is not appropriate, can complain to the registration authorities.

 

The registration authority shall check the complaint report in a timely manner and deal with it in accordance with the law.

 

Article 15 If the enterprise name is identified as unsuited by the registration organ, the enterprise shall apply for name change registration to the registration authority within 30 days since the date of the delivery of decision letter.

 

If the enterprise does not apply for the name change registration within the deadline, the registration authority shall order the enterprise to conduct change registration within 15 days; if it has not handled yet, the registration authority shall use the enterprise's unified social credit code to replace its enterprise name, and publicize through the credit information publicity system of the market main body.

 

Article 16 The independent-declared enterprise name, which is in dispute with the prior rights, shall be dealt with in accordance with the provisions of the Trademark Law of the People's Republic of China, Law of the People's Republic of China for Countering Unfair Competition, and other laws and regulations.

 

Article 17 The registration rules of independent declaration of enterprise name and rules of dispute treatment procedures for the independent declaration of enterprise name shall be formulated by the municipal registration authorities separately.

 

Article 18 Independent declaration of the enterprise name titled with "Jiangyin" or "Yixing, a county-level city under the jurisdiction of Wuxi", and the independent declaration of the name of farmers' professional cooperatives, implement refer to this approach.

 

Article 19 This measure shall be implemented since July 1, 2017.