Section 5
Prohibition of registration of certain companies, etc.
The State Emblem of India (Prohibition of Improper Use) Act, 2005
About this Act
An Act to prohibit the improper use of State Emblem of India for professional and commercial purpose and for matters connected therewith or incidental thereto.
(1) Notwithstanding anything contained
in any other law for the time being in force, no competent authority shall,—
(a) register a trade mark or design which bears the emblem, or
(b) grant patent in respect of an invention which bears a title containing the emblem.
(2) If any question arises before a competent authority whether any emblem is an emblem specified in the Schedule or a colourable imitation thereof, the competent authority shall refer the question to the Central Government and the decision of the Central Government thereon shall be final
(a) register a trade mark or design which bears the emblem, or
(b) grant patent in respect of an invention which bears a title containing the emblem.
(2) If any question arises before a competent authority whether any emblem is an emblem specified in the Schedule or a colourable imitation thereof, the competent authority shall refer the question to the Central Government and the decision of the Central Government thereon shall be final