Sections 13 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Two short sections deal with names that should not be taken as a brand without more. Section 13 keeps common chemical names and WHO international non-proprietary names off the register. Section 14 lets the Registrar demand written consent where a mark falsely suggests a connection with a living person or a person who died within the last twenty years before the application.
Under section 13, no word that is the commonly used and accepted name of a single chemical element or single chemical compound for a chemical substance or preparation, or an international non-proprietary name declared by the WHO and notified by the Registrar, or one deceptively similar to it, may be registered; if it is, the entry is treated as made without sufficient cause or wrongly remaining. Under section 14, where a mark falsely suggests a connection with a living person or one who died within twenty years before the application, the Registrar may require written consent and may refuse to proceed without it.
Section 13: chemical names and international non-proprietary names
What is barred
"No word" of the following kinds "shall be registered as a trade mark":
| Limb | Text |
|---|---|
| 13(a) | A word 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 |
| 13(b) | A word 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 a name |
Limb (a) is about the plain name of a single element or compound, such as the everyday name of a metal or a simple chemical, when used for a chemical substance or preparation. A mixture is not covered by (a). Limb (b) protects the generic names doctors and pharmacists use for medicines: a name the WHO has declared as an international non-proprietary name, and which the Registrar has notified, cannot be registered, nor can a name deceptively similar to it. "Deceptively similar" is defined in 2(1)(h); see section 2, part 3.
Screening a proposed name against these two limbs before filing is part of any trademark registration search.
The consequence if a registration slips through
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 57 is the provision on cancellation, variation and rectification of the register, covered later in this series. So a barred registration is open to rectification on that footing.
Example. A pharma start-up wants to register the notified generic name of a common medicine as the brand for its tablets. Under 13(b) the word cannot be registered. If it was somehow registered, section 13 treats the entry as one made without sufficient cause or wrongly remaining. A coined brand name that is not the INN or confusingly close to it is the safer route. Our guide to trademarks for pharma and healthcare products covers naming in practice.
Points to note
- The older 1958 Act had a saving for a word used to denote only a brand or make of an element or compound. The 1999 section has no such saving, so do not assume one.
- The text is silent on how a person finds the current list of notified names; the Registrar notifies them "in the prescribed manner". Check the notifications and the Rules.
Section 14: living persons and persons recently dead
"Where an application is made for the registration of a trade mark which falsely suggests a connection with:
- any living person, or
- a person whose death took place within twenty years prior to the date of application for registration,
the Registrar may, before he proceeds with the application, require the applicant to furnish him with the consent in writing of such living person or, as the case may be, of the legal representative of the deceased person to the connection appearing on the trade mark, and may refuse to proceed with the application unless the applicant furnishes the Registrar with such consent."
| Element | Text |
|---|---|
| Trigger | A mark that falsely suggests a connection with a person |
| Who | A living person, or a person who died within twenty years before the date of application |
| Power | The Registrar may require written consent before proceeding |
| Whose consent | The living person; or the legal representative of the deceased |
| Consequence | The Registrar may refuse to proceed without the consent |
Reading section 14
- It is about a false suggestion of connection. A mark that names a person and does not suggest any connection with them is not the focus of the sub-section.
- The twenty years run back from the date of application. A person who died more than twenty years before is outside the wording.
- The Registrar's step is a requirement and a power to refuse to proceed, using the word "may". It is not an automatic bar.
- The consent must be in writing.
- The living person consents for themselves; for a person who has died, the legal representative consents.
Example. A restaurant applies for "Chef Anand's Kitchen" with a photograph of a well-known television chef, who is alive and has no link to the business. The Registrar may require the chef's written consent before proceeding, and may refuse to proceed if it is not furnished. If the chef had died fifteen years before the application, the consent would come from his legal representative.
Your own name and your family name
Section 14 is aimed at a false suggestion of connection. Using your own name honestly is dealt with in section 35, covered later in this series; this article does not go beyond the text of sections 13 and 14.
Practical checklist
- Check generic names before choosing a pharma or chemical brand; do not take the plain name of an element or compound, or a WHO non-proprietary name, as the brand.
- Avoid names that echo an INN. Deceptive similarity to a notified INN is also barred.
- Get consent in writing where your mark uses a person's name, portrait or signature, and keep it with your file.
- Know the twenty-year line if the person has died.
- Check the form and fees in the Trade Marks Rules, 2017; this article states no fee.
Need help with a sensitive name?
Brand names built on a person, a family name or a chemical or medicine term raise issues early. Our trademark registration team can screen the name against these sections and help you collect the consent the Registrar may ask for.
Key takeaways
- Section 13 bars words that are the common name of a single chemical element or compound for a chemical substance or preparation (13(a)).
- It also bars WHO international non-proprietary names notified by the Registrar and deceptively similar words (13(b)).
- A registration in breach is deemed an entry without sufficient cause or wrongly remaining, for the purposes of section 57.
- Section 14 lets the Registrar require written consent where a mark falsely suggests a connection with a living person or one who died within twenty years before the application.
- The Registrar may refuse to proceed without the consent.
- Neither section is amended by the 2021 or 2023 Acts consulted for this series.
Read next
- Section 11: relative grounds for refusal of registration
- Section 15: registration of parts of marks and series marks
- Section 9: absolute grounds for refusal of registration
- Trademark for pharma and healthcare products
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.