Act Number: 11

Act Name: The Bureau of Indian Standards Act, 2016.

Year: 2016

Enactment Date: 2016-03-21

Long Title: An Act to provide for the establishment of a national standards body for the harmonious development of the activities of standardisation, conformity assessment and quality assurance of goods, articles, processes, systems and services and for matters connected therewith or incidental thereto.

Ministry: Ministry of Consumer Affairs, Food and Public Distribution

Department: Department of Consumer Affairs

Section 26: Restriction on use of name of Bureau and Indian Standard.
    (1) No person shall, with a view to deceive or likely to deceive the public, use without the previous permission of the Bureau, —
         (a) any name which so nearly resembles the name of the Bureau as to deceive or likely to deceive the public or the name which contains the expression "Indian Standard" or any abbreviation thereof; or
         (b) any title of any patent or mark or trade mark or design, in relation to any goods, article, process, system or service, containing the expressions "Indian Standard" or "Indian Standard Specification" or any abbreviation of such expressions.
     (2) Notwithstanding anything contained in any law for the time being in force, no registering authority shall—
         (a) register any company, firm or other body of persons which bears any name or mark; or
         (b) register a trade mark or design which bears any name or mark; or
         (c) grant a patent, in respect of an invention, which bears a title containing any name or mark,
if the use of such name or mark is in contravention of sub-section (1).
     (3) If any question arises before a registering authority whether the use of any name or mark is in contravention of sub-section (1), the registering authority may refer the question to the Central Government whose decision thereon shall be final.
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