THE PAKISTAN NAMES AND EMBLEMS (PREVENTION OF UNAUTHORISED
USE) ACT, 1957.
1ACT NO. XXVIII OF 1957
[30th April, 1957]
An Act to prevent unauthorised use of certain names and emblems.
WHEREAS it is expedient to provide for the prevention of unauthorised use of certain
names and emblems ;
It is hereby enacted as follows :___
1. Short title extent and commencement.___ (1) This Act may be called the Pakistan
Names and Emblems (Prevention of Unauthorised Use) Act, 1957.
(2) It extends to the whole of Pakistan and applies to all citizens of Pakistan wherever
they may be.
(3) It shall come into force at once.
2. Definitions. In this Act, unless there is anything repugnant in the subject or
context,__
(a) “competent authority” means any authority competent under any law for the
time being in force to grant a patent or to register a trade-mark or design or a
company, firm or other body of persons ;
(b) “design” means the design as defined in clause (5) of section 2 of the Patents
and Designs Act, 1911 (II of 1911);
(c) “emblem” means the flag, emblem, seal, insignia or coat-of-arms specified in the
1 For Statement of Objects and Reasons, see Gaz. of P., dated the 11th April, 1957, Ext., p. 734.
Schedule and includes a pictorial or illustrative representation or colourable
imitation of any emblem ;
(d) “name” means a name specified in the Schedule and includes any abbreviation
of a name ;
(e) “patent” means a patent as defined in clause (11) of section 2 of the Patents
and Designs Act, 1911 ;
(f) “trade-mark” means a trade-mark as defined in clause (1) of sub-section (1) of
section 2 of the Trade Marks Act, 1940.
3. Prohibition of use of name or emblem and penalty.___ (1) No person shall, except
with the previous permission in writing of, and in accordance with the conditions, if any,
imposed by, the 1[Federal Government] or any officer authorised by it in this behalf, use or
continue to use a name or emblem in any trade-mark or design or in the title of any patent or
for the purposes of any trade, business, calling or profession, or for any other purpose
whatsoever.
(2) Whoever contravenes the provisions of sub-section (1) shall be punished with fine
which may extend to five hundred rupees.
4. Prohibition of grant or registration of patent trade-mark 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 a name or an emblem,
(b) register a company or firm or other body of persons which bears a name, or
(c) grant a patent in respect of an invention which bears in its title a name.
(2) If any question arises whether or not a trade-mark or design bears an emblem, the
competent authority shall refer it to the 1[Federal Government] whose decision thereon shall
be final.
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
5. Amendment of the Schedule. The 1[Federal Government] may, by notification in
the official Gazette, add to, amend or alter the Schedule and any such addition, amendment,
or alteration shall have effect as if it had been made by this Act.
6. Previous sanction for prosecution. No person shall be proceeded against for an
offence under this Act except with the previous sanction of the 1[Federal Government] or an
officer authorized by it in this behalf by a general or special order.
7. Act not to prejudice other law. The provisions of this Act shall be in addition to
and not in derogation of any other law for the time being in force.
8. Power to make rules.___ (1) The 1[Federal Government] may, by notification in the
official Gazette, make 2rules for carrying out the purposes of this Act.
(2) In making any rule under sub-section (1) the 1[Federal Government] may provide
that a contravention of the rule shall be punishable with fine which may extend to two
hundred rupees.
_____
THE SCHEDULE
1. The name, title or semblance of Quaid-i-Azam Mohammad Ali Jinnah and any
variation thereof.
2. The Pakistan flag.
3. The official seal, emblem, insignia or coat-of-arms of Government.
4. A seal, emblem or insignia used by any department of Government.
5. The name, emblem or official seal of-
(i) the United Nations Organisation 3[.]
(ii) the World Health Organisation.
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 2 For the Pakistan Names and Emblems (Prevention of Unauthorised Use) Rules 1962, Pt. I, pp. 495___496. 3 Subs. by the Ministry of Interior (Home Division) Notifn. No. S.R.O. 145 (K), dated the 18th February, 1960, for “,or”, see Gaz. of P.,
1960, Ext. p. 217.
1[(iii) The World Meteorological Organisation.
(iv) The International Civil Aviation Organisation.]
2[(v) The International Atomic Energy Agency.]
___________________
1 Subs. by the Minister of Interior (Home Division), Notification No. SRO 145 (K) dated the 18th February, 1960, for “or”, see Gaz. of P.,
1960, Ext., P. 217. 2 Added by the Ministry of Interior (Home Division) Notification. No. S.R.O. 1019 (K)/61, dated the 20th October, 1961, see Gaz. of P.,
1961, pt. I, p. 418.