Section 4. Prohibition of registration of certain companies, etc
(1) Notwithstanding anything contained in 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 in the Schedule or a colourable imitation thereof, the competent authority may refer the question to the Central Government, and the decision of the Central Government thereon shall be final.
Judgements applying section 4
Quashing application under Section 528 BNSS; Emblems and Names (Prevention of Improper Use) Act, 1950 — cognizance under Sections 3/4 challenged for absence of previous sanction of Central Government under Section 6 and non-compliance with Section 4(2) reference procedure; B.N.S.
Quashing application under Section 528 BNSS, Allahabad High Court; interim stay of criminal proceedings against applicant Shyamapada Mal; Emblems and Names (Prevention of Improper Use) Act 1950 — prosecution under Sections 3/4 challenged for want of previous sanction of Central Government under Section 6 and…
Section 528 BNSS quashing application; cognizance/summoning order dated 4.11.2025 by Chief Judicial Magistrate Gautam Buddh Nagar; criminal case No. 17140 of 2025; case crime No. 320 of 2025; FIR dated 10.8.2025; P.S. Phase 3 Gautam Buddh Nagar;
Section 528 BNSS quashing petition; Emblems and Names (Prevention of Improper Use) Act 1950 Sections 3/4 and 4; previous sanction of Central Government Section 6; sub-section (2) of Section 4 reference to Central Government; BNS Sections 204, 205, 318, 319, 336, 336(2), 338, 339, 3(5);
Allahabad High Court interim anticipatory bail order dated March 20, 2026 by Justice Jitendra Kumar Sinha in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 2743 of 2026 (NABAIL No. 2743 of 2026), Arif Nasir Butt v. State of U.P.; Case Crime No.
Allahabad High Court interim anticipatory bail order dated March 20, 2026 by Justice Jitendra Kumar Sinha in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 2743 of 2026 (NABAIL No. 2743 of 2026), Arif Nasir Butt v. State of U.P.; Case Crime No.
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Bail granted under Section 483 BNSS, 2023 — Ashish Kumar Singha, accused in Case Crime No. 0320 of 2025 (P.S. Phase-III Noida, Distt. Gautam Budh Nagar) for offences under Sections 204, 205, 318, 319, 336, 336(2), 338, 339, 3(5) BNS, 2023, Sections 66C/66D IT Act and Section 3/4 Emblems and Names (EMB) Act — charge…
Trade mark refusal; absolute grounds for refusal; Section 9(2)(d) Trade Marks Act, 1999; Section 91 appeal; Emblems and Names (Prevention of Improper Use) Act, 1950; Entry 17 of the Schedule; Sections 3 and 4 Emblems and Names Act; word PARLIAMENT; PARLIAMENT-formative marks; name of Parliament versus common noun;
Registration of a nonprofit deaf cricket association using “Kerala” as a prefix was held subject to the statutory prohibition on protected names. The court allowed the authorities' appeal, set aside the direction to consider registration without applying that prohibition, and dismissed the writ petition, preserving…
AllowedOpenCOURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SHEEL
DisposedOpen