The State Emblem of India (Prohibition of Improper Use) Act, 2005

(1) This Act may be called the StateEmblem of India (Prohibition of Improper Use) Act, 2005. (2) It extends to the whole of India, and also applies to citizens of India out side India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) "competent authority" means any authority competent under any law for the time being inforce to register any company, firm, other body of persons or any trade mark or design or to grant apatent; (b) "emblem" means the State Emblem of India as described and specified in the Schedule to beused as an official seal of the Government.

Notwithstanding anything contained in any other lawfor the time being in force, no person shall use the emblem or any colourable imitation thereof in anymanner which tends to create an impression that it relates to the Government or that it is an officialdocument of the Central Government, or as the case may be, the State Government, without the previouspermission of the Central Government or of such officer of that Government as may be authorised by it inthis behalf. Explanation.For the purposes of this section, "person" includes a former functionary of the CentralGovernment or the State Governments.

No person shall use the emblem for thepurpose of any trade, business, calling or profession or in the title of any patent, or in any trade mark ordesign, except in such cases and under such conditions as may be prescribed.

(1) Notwithstanding anything containedin 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 inthe Schedule or a colourable imitation thereof, the competent authority shall refer the question to theCentral Government and the decision of the Central Government thereon shall be final