Prohibition of registration of names of chemical elements or international non-proprietary names
Section 13 of the Trade Marks Act, 1999 deals with prohibition of registration of names of chemical elements or international non-proprietary names. 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 mann The Act came into force on 15 Sep 2003.
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.
Section 13, The Trade Marks Act, 1999 (Act 47 of 1999).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Apex Laboratories Pvt. Ltd. v. Knoll Healthcare Pvt. Ltd.
Court's Decision & Legal Precedent
Trade Marks Act s.13(a) bars registration only of the commonly used/accepted name of a single chemical element or single chemical compound (as distinguished from a mixture) for a chemical substance/preparation, or of WHO INNs; ZINCOVIT — a portmanteau of zinc plus vitamins — is neither the name of a single chemical element nor of a single chemical compound, so it does not fall within s.13 and the defendant's s.13 challenge to the plaintiff's long-standing Class 5 registration fails; Mad HC decreed infringement/passing-off and rectified the defendant's ZINOLVITA mark.
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 13
What have the courts held on Section 13 of the Trade Marks Act?
Apex Laboratories Pvt. Ltd. v. Knoll Healthcare Pvt. Ltd. (19 Jun 2025) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 13 of the Trade Marks Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 13, section 13 Trade Marks Act, section 13 of the Trade Marks Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Apex Laboratories Pvt. Ltd. v. Knoll Healthcare Pvt. Ltd. (19 Jun 2025).
What should I read with Section 13 of the Trade Marks Act, and has it changed?
Its own text turns on section 57 (Power to cancel or vary registration and to rectify the register), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 13 of the Trade Marks Act come into force?
Section 13 of the Trade Marks Act, cited as Trade Marks Act 13, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions and interpretation1911 words
- 157. Power to make rules1216 words
- 11. Relative grounds for refusal of registration985 words
- 47. Removal from register and imposition of limitations on ground of non-use716 words
- 30. Limits on effect of registered trade mark657 words
- 29. Infringement of registered trade marks651 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.