Chapter II - The Register and Conditions for Registration
Section 13
Section 13: Chemical names and non-proprietary names
Specified chemical names and notified international non-proprietary names cannot be registered as trade marks under this provision.
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Need advice on Section 13?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
No word—
(a) which is the commonly used and accepted name of any single chemical element or any single chemical compound (as distinguished from a mixture) in respect of a chemical substance or preparation, or
(b) which is declared by the World Health Organisation and notified in the prescribed manner by the Registrar from time to time, as an international non-proprietary name or which is deceptively similar to such name, shall be registered as a trade mark and any such registration shall be deemed for the purpose of section 57 to be an entry made in the register without sufficient cause or an entry wrongly remaining on the register, as the circumstances may require.
Rule and business relevance
The first category concerns commonly accepted names of a single chemical element or compound, distinguished from a mixture, in respect of chemical substances or preparations. The second covers WHO-declared names notified by the Registrar and deceptively similar names.
Limits and related provisions
Do not treat every scientific-sounding brand as prohibited without checking the exact category. Conversely, a changed spelling may still be deceptively similar to a protected non-proprietary name.
Hypothetical business example
Hypothetical example: A pharmaceutical applicant proposes a word close to a notified international non-proprietary name. It checks the prohibition before investing in branding.
Practical decision flow
Identify whether the word is a qualifying accepted chemical name.
Check notified international non-proprietary names and deceptive similarity.
Assess any existing erroneous registration through the section 57 framework.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify whether the word is a qualifying accepted chemical name.
- Check notified international non-proprietary names and deceptive similarity.
- Assess any existing erroneous registration through the section 57 framework.
Avoid
- Do not treat every scientific-sounding brand as prohibited without checking the exact category. Conversely, a changed spelling may still be deceptively similar to a protected non-proprietary name.
Glossary
- International non-proprietary name
- The WHO-declared and prescribed-notified name described in the section.
- Rectification ground
- The deemed improper register entry consequence identified by reference to section 57.
Frequently asked questions
Does the chemical category include mixtures identically?
The text distinguishes a single element or compound from a mixture.
Can deceptive similarity to a notified name matter?
Yes. The second category expressly includes it.
What if such a word was registered?
The section specifies the relevant deemed improper-entry treatment for section 57.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026