Part 2Registrability of trade marks
Absolute grounds for not registering trade mark: Registrability of non-distinctive trade marks
21Trade mark that contains commonly used chemical names must not be registered
The Commissioner must not register, in respect of a chemical substance or preparation, a trade mark that contains the commonly used and accepted name of any single chemical element or single chemical compound.
Subsection (1) does not apply to a word that is used to denote only a brand or make of the element or compound made by the owner or a licensee of the trade mark, together with a suitable name or description open to the public use.