Infringement of business license registration

You can report to the industrial and commercial bureau in charge of the industrial and commercial bureau with relevant evidence. His name is similar to yours, and it is indeed infringing. Because you registered first, this is the responsibility of the examination and approval authority and should be protected. The following is for reference:

Measures for the administration of name registration of individual industrial and commercial households

Decree No.38 of the State Administration for Industry and Commerce

The Measures for the Administration of Name Registration of Individual Industrial and Commercial Households, which was deliberated and adopted at the executive meeting of the State Administration for Industry and Commerce of the People's Republic of China, is hereby promulgated and shall come into force as of April 1 2009.

Director: Zhou Bohua

December 31st, 2008

Article 1 In order to strengthen the administration of name registration of individual industrial and commercial households, standardize the use of names of individual industrial and commercial households, safeguard the legitimate rights and interests of operators and consumers, and protect the legitimate rights and interests of name owners of individual industrial and commercial households, these Measures are formulated in accordance with relevant laws and administrative regulations.

Article 2 Individual industrial and commercial households shall not use names. Where individual industrial and commercial households decide to use names, these Measures shall apply to the registration of their names.

Article 3 The State Administration for Industry and Commerce shall be in charge of the registration and administration of the names of individual industrial and commercial households throughout the country.

The administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of name registration of individual industrial and commercial households in their respective regions.

The county (city) administration for industry and commerce and the industrial and commercial administration sub-bureaus of large and medium-sized cities are the registration authorities for the names of individual industrial and commercial households. The registration authority may entrust the Administration for Industry and Commerce to register the names of individual industrial and commercial households in the name of the registration authority.

Article 4 The registration authority has the right to correct the inappropriate names of registered individual industrial and commercial households, and the higher authorities have the right to correct the inappropriate names of individual industrial and commercial households registered by lower authorities.

Article 5 If an individual industrial and commercial household decides to use a name, it shall file an application with the registration authority, and it can only be used after approval and registration.

Individual industrial and commercial households are only allowed to use one name.

Article 6 The names of individual industrial and commercial households consist of administrative divisions, shop names, trades and organizational forms in turn.

Article 7 The administrative divisions in the names of individual industrial and commercial households refer to the names of counties (cities) and municipal districts where individual industrial and commercial households are located. After administrative division, the names of towns, streets, administrative villages, communities and markets where individual industrial and commercial households operate may be affixed.

Eighth individual industrial and commercial households can use the name of the operator as the font size.

Administrative divisions at or above the county level shall not be used as the font size, except that the name of the administrative division has other meaning.

Article 9 The industries in the names of individual industrial and commercial households shall reflect their main business activities or business characteristics, and their descriptions shall refer to the names of small and medium-sized industries or specific business projects in the National Economic Industry Classification.

Article 10 The names of individual industrial and commercial households may be organized in the form of "factory", "store", "museum", "department", "bank" and "center", but the words "enterprise", "company" and "farmers' professional cooperative" shall not be used.

Eleventh individual industrial and commercial households name shall not contain the following contents and words:

(a) detrimental to the public interests of the state and society;

(two) in violation of social order and good customs, do not respect ethnic and religious customs;

(three) may cause deception or misunderstanding to the public;

(4) Names of foreign countries (regions) and international organizations;

(five) the name of the political party, the name of the party, government and military organs, the name of the mass organization, the name of the community organization and its abbreviation, and the military number;

(6) the words "China", "China", "country", "domestic" and "international";

(seven) Chinese pinyin, letters, foreign languages, punctuation;

(eight) the language does not meet the national norms;

(nine) other contents and words prohibited by laws and regulations.

Twelfth individual industrial and commercial households to apply for name registration, business scope involves pre-registration permission, it should apply for pre-approval of the name. The applicant shall submit the name approved by the registration authority to the relevant departments for pre-approval procedures.

If the business scope does not involve pre-licensing, you can apply for pre-approval of the name, or you can apply together with the establishment or change registration of individual industrial and commercial households.

The registration authority shall not charge the name pre-approval fee.

Thirteenth to apply for pre-approval of the name of individual industrial and commercial households, the applicant or the agent entrusted by the applicant shall submit the following materials to the registration authority where the business premises are located:

(a) an application for pre-approval of the name of individual industrial and commercial households;

(two) the identity certificate of the operator;

(3) If the operator entrusts an agent to handle the matter, it shall also submit the power of attorney and the identity certificate of the agent.

Article 14 After accepting the application for pre-approval of the names of individual industrial and commercial households, the registration authority shall make a decision on the spot to approve the registration or reject the application. If the registration is approved, a Notice of Pre-approval of the Name of Individual Industrial and Commercial Households shall be issued; If the application is rejected, a Notice of Rejection of the Name of Individual Industrial and Commercial Households shall be issued, and the reasons for rejection shall be explained to the applicant on the spot.

If the industrial and commercial administrative office entrusted with the registration of individual industrial and commercial households cannot make a decision on the spot according to law, it shall make a decision of approval or disapproval within 5 days.

Fifteenth pre-approved individual industrial and commercial households name retention period of 6 months. After the expiration of the retention period, if the applicant fails to register the establishment or change of individual industrial and commercial households, the pre-approved name will automatically become invalid. The applicant may apply for extension in writing to the registration authority 1 month before the expiration of the retention period, and the retention period may be extended by 6 months with the approval of the registration authority.

Names pre-approved by individual industrial and commercial households shall not be transferred or used for business activities during the retention period.

Article 16 If an individual industrial and commercial household changes its name, it shall apply to the registration authority for registration of name change.

The name of individual industrial and commercial households contains business items that should obtain administrative license. If the administrative license is revoked or revoked or it can no longer engage in such business activities at the expiration of the time limit, it shall apply to the original registration authority for name change registration within 30 days from the date when the administrative license is revoked or revoked or the time limit expires.

Seventeenth more than two applicants to the same registration authority to apply for registration of the same individual industrial and commercial households, the registration authority in accordance with the principle of prior application for examination and approval.

Eighteenth individual industrial and commercial households within the jurisdiction of the same registration authority name application in any of the following circumstances, shall not be approved for registration:

(1) Having the same name as the registered or pre-approved enterprise or individual industrial and commercial household;

(2) It is the same as the original name changed by other enterprises less than 1 year ago;

(3) Having the same name as an enterprise whose business license has been revoked for less than 3 years or an individual industrial and commercial household whose business license has been revoked for less than 1 year;

(4) It has the same name as the enterprise whose registration has been cancelled for less than 1 year.

Nineteenth individual industrial and commercial households name plaque can be appropriately simplified, but it shall not cause deception or misunderstanding to the public.

Twentieth individual industrial and commercial households have one of the following acts, the administrative department for Industry and Commerce shall order them to make corrections within a time limit; If the circumstances are serious, a fine of 1000 yuan shall be imposed:

(a) because the pre-registration license involved in the business scope has been revoked, it is not allowed to engage in a certain business, but its name indicates that the business is still being carried out and it has not applied for name change registration within the prescribed time limit;

(two) unauthorized use of the name of a market entity registered by others or other acts that infringe on the name right of a market entity.

Article 21 If the registration authority compels individual industrial and commercial households to use their names, or in disguised form, and registers the application for name registration of individual industrial and commercial households that do not meet the prescribed conditions, or refuses to register the application for name registration of individual industrial and commercial households that meet the prescribed conditions, the directly responsible person in charge and other directly responsible personnel shall be investigated for responsibility according to law.

Twenty-second individual industrial and commercial households name dispute resolution procedures, with reference to the relevant provisions of the "measures for the implementation of enterprise name registration management".

Twenty-third individual industrial and commercial households name registration management related documents shall be formulated by the State Administration for Industry and commerce.

Article 24 The administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual conditions in their respective regions, formulate specific implementation measures in accordance with these Measures.

Article 25 These Measures shall come into force as of April 1 day, 2009.