Section 5 in The State Emblem Of India (Prohibition Of Improper Use) Act, 2005
5. Prohibition of registration of certain companies, etc
(1)Notwithstanding anything contained in 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 a 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 in the Schedule or a colourable imitation thereof, the competent authority shall refer the question to the Central Government and the decision of the Central Government thereon shall be final.
