Section 13 in The Trade And Merchandise Marks Act, 1958
13. Prohibition of registration of names of chemical elements.
(1)No word which his the commonly used and accepted name of any single chemical element or single chemical compound (as distinguished from a mixture) shall be registered as a trade mark in respect of a chemical substance or preparation, and any such registration shall, notwithstanding anything in section 32, be deemed for the purposes of section 56 to be an entry make in the register without sufficient cause or an entry wrongly remaining on the registration as the circumstances may required.(2)This section shall not apply to a word which is used to denote only a brand or make of the element or compound as made by the proprietor or a registered user of the trademark, as distinguished from the element or compound as made by others, and in association with a suitable name or description open to the public use.
