12. (1)
Subject to this section, no word which is the commonly used and accepted name of any single
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 in force
at the commencement of this Act or thereafter shall, notwithstanding anything in section 14 of this
Act, be treated for the purpose of section 38 of this Act as being an entry made in the register
without sufficient cause, or any entry wrongly remaining on the register, as the case may require.
(2)
The foregoing subsection shall not apply in relation to a word which is used to denote only a
brand or make of such an element or compound as made by the proprietor or a registered user of the
trade mark as distinguished from that element or compound as made by others, and in association
with a suitable name or description open to the public use.
13. (1)
Subject to the provisions of subsection (2) of this section, no trade mark shall be registered in
respect of any goods or description of goods that is identical with a trade mark belonging to a
different proprietor and already on the register in respect of he same goods or description of goods,
or that so nearly resembles such a trade mark as to be likely to deceive or cause confusion.
(2)
In case of honest concurrent use, or other special circumstances which in the opinion of the court
or the Registrar make it proper so to do, the court or the Registrar may permit the registration of
trade marks that are identical or nearly resemble each other in respect of the same goods or
description of goods by more than one proprietor subject to such conditions and limitations, if any,
as the court or the registrar, as the case may be, may think it right to impose.
(3)
Where separate applications are made by different persons to be registered in respect of the same
goods or description of goods as proprietors respectively of trade marks that are identical or nearly
resemble each other, the Registrar may refuse to register any of them until their rights have been
determined by the court or have been settled by agreement in a manner approved (a)
by the Registrar; or
(b)
by the court on an appeal from the Registrar.
14. (1)
In all legal proceedings relating to a trade mark registered in Part A of the register (including
applications under section 38 of this Act) the original registration of the trade mark in Part A of the
register shall, after the expiration of seven years from the date of that registration, be taken to be
valid in all respects, unless -
(a)
that registration was obtained by fraud; or
(b)
the trade mark offends against the provisions of section 11 of this Act.
(2)
15.
Nothing in section 6(1) of this Act shall be construed as making applicable to a trade mark, as
being a trade mark registered in Part B of the register, the foregoing provisions of this section
relating to a trade mark registered in Part A of the register.
If a trade mark (a)
contains any part not separately registered by the proprietor as a trade mark; or
(b)
contains matter common to he trade or otherwise of a non distinctive character,
the Registrar or the court, in deciding whether the trade mark shall be entered or shall remain on the
register, may require, as a condition of its being on the register (i)
that the proprietor shall disclaim any right to the exclusive use of any part of the trade
mark, or to the exclusive use of all or any portion of any such matter as aforesaid, to the
exclusive use of which the tribunal holds him not to be entitled, or