Trade Marks Act 2002

Registrability of trade marks - Absolute grounds for not registering trade mark - Registrability of non-distinctive trade marks

21: Trade mark that contains commonly used chemical names must not be registered

You could also call this:

"You can't claim a chemical's common name as your own brand"

You can't register a trade mark for a chemical substance or preparation if it contains the common name of a single chemical element or compound. This rule is meant to keep these names free for everyone to use. However, there's an exception to this rule. You can use the common chemical name in your trade mark if it's part of a brand name you've created, and you also include another name or description that anyone can use. This way, you're not stopping others from using the common chemical name, but you can still show that it's your specific brand or version of that chemical.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164466.


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"You can't register a trade mark that uses a special place name if it might confuse people"


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22: Registrability of trade mark that contains certain words, or

"Rules for using special words in trade marks"

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

  1. 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.

  2. 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.