The document provides an overview of China's process for company name approval. It notes that company name approval is carried out by Administrations for Industry and Commerce (AICs) at different levels. The approval process involves examining proposed names for appropriateness, similarity to existing names, and compliance with composition standards before allowing their use. A major issue is distinguishing between trademarks and trade names due to different registration systems. The document suggests reducing the number of approval authorities to streamline the process.

1. A Brief Introduction on China’s Company Name Approval Xiao Yun Enterprise Registration Bureau SAIC

2. The authorities for company registration and company name approval are Administrations for Industry & Commerce (AICs) at different levels.

3. I. Characteristics of Company Name Approval The total number of companies is large. Company name approval is carried out by authorities at different levels. Examination is carried out before company names are approved for using.

4. A. The total number of companies is large.

6. B. Company name approval is carried out by AICs at different levels. Over 3000 AICs inclusing SAIC are authorities for company name approval

7. Company names should begin with geographical indications (county/ city/ province). Company names are approved by the specific AIC at the same level. Company names without geographical indications are approved by SAIC.

8. C. Examination is carried out before company names are approved for using. Composition Appropriateness Industrial description Similarity with prior names

9. a. Composition Geographical indication + trade name + industrial description + form of organization =a company name E.g. Qingdao Haier electronic appliance co. Ltd. Geographical indication Trade name Industrial description Form of organization

10. b. Appropriateness Not Against social order Deceiving or misleading Other inappropriateness

11. c. Industrial description Standard for classification of industries in national economy Scope of business

12. d. Similarity with prior names Geographical indication + trade name + industrial description + form of organization =a company name Names with different geographical indications are not similar names. Similar names are searched within the jurisdiction of each AIC.

13. e.g. Shandong sunshine advertising co. Ltd. Vs. Beijing sunshine advertisement co. Ltd. not similar names.

14. II. Major problem Trademarks Vs. trade names

15. Reasons Not protected as prior right Different registration system Trademarks – uniform Company name – AICs at different levels

16. III. Suggested solution Reduce name approval authorities to provincial AICs.

17. Thank you