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Section 13 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 13. Prormition of registration of names of chemical elements

(1) No word which is the commonly used and accepted name of a 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 in Sec. 32, be deemed for the Purpose of See. 56 to be entry made in the register without sufficient cause or an entry wrongly remaining on the registers, as the circumstances may require.

(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 trade mark, 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.

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The Trade and Merchandise Marks Act,1958

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