“The Hon'ble Andhra Pradesh High Court in the case of Sough India Textile (Supra) has held that the word “India” in the firm name i.e. “South India Textiles” did not signify sanction, approval or patronage of the Government of India and that it could therefore not be said to be improper use of the word “India” in the firm name within the meaning of Section 3 of the Act of 1950. Similarly the Hon'ble Madras High Court (Madurai Bench) in the case of Bharat Chamber (Supra) has held that the use of any name is prohibited only in cases, where the intention is to convey to the world at large the patronage of Government of India or Government of any State or Local Authority. In the facts of the aforesaid case, it was held that the petitioner-firm using the term “Bharat Chambers” by itself could not be held to be using the word “Bharat” for the purpose of indicating or reflecting patronage of the Government of India. What can be culled out from the judgments referred to hereinabove is that the word “Indian/National/Bharat” used in conjunction with other words in the name of an entity, organization, incorporated or otherwise cannot be construed by itself to be an improper use of a name within the Act of 1950 as the use of the aforesaid words in conjunction of other words does not reflect any attempt of the name-holder to suggest the patronage or support of the Government of Indian or the Government of State. I am of the considered view that Section 3 of the Act of 1950 does not absolutely prohibit the use of any word even if it be “Indian/National/Bharat” in conjunction with other words to express the name and style of a business/trade/vocation. It is only when it can be established in a given case that the name is being improperly used, is calculated to suggest by itself Government patronage, support or approval, it would stand prohibited under Section 3 of the Act of 1950 read with Entry No.7 of the Schedule appended thereto. In the facts of the case as detailed hereinabove, to my mind, neither the name of the petitioner-Society, nor its schools and colleges where the word “Indian” is merely a part of the whole name, can even remotely be construed as an attempt to reflect the patronage or support or approval of the Government of India in running of the schools and colleges. As stated hereinabove, there can be no presumption as sought to be drawn under the impugned order dated 03.07.2013 with regard to improper use of a name.”
