The Emblems and Names (Prevention of Improper Use) Act, 1950

(1) This Act may be called the Emblemsand Names (Prevention of Improper Use) Act, 1950. (2) It extends to the whole of India 1* * * and also applies to citizens of India outside India. (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) "emblem" means any emblem, seal, flag, insignia, coat-of-arms or pictorial representationspecified in the Schedule; (b) "competent authority" means any authority competent under any law for the time being inforce to register any company, firm, or other body of persons or any trade mark or design or to grant apatent; (c) "name" includes any abbreviation of a name.

Notwithstanding anythingcontained in any law for the time being in force, no person shall, except in such cases and under suchconditions as may be prescribed by the Central Government, use or continue to use, for the purpose of anytrade, business, calling or profession, or in the title of any patent, or in any trade mark or design, anyname or emblem specified in the Schedule or any colourable imitation thereof without the previouspermission of the Central Government or such officer of Government as may be authorised in this behalfby the Central Government.

(1) Notwithstanding anything containedin any law for the time being in force, no competent authority shall,-- (a) register any company, firm or other body of persons which bears any name, or (b) register a trade mark or design which bears any emblem or name, or (c) grant a patent in respect of any invention which bears a title containing any emblem or name, if the use of such name or emblem is in contravention of section 3. (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 may refer the question to theCentral Government, and the decision of the Central Government thereon shall be final.

Any person who contravenes the provisions of section 3 shall be punishable with finewhich may extend to five hundred rupees.