Sri Lanka Consolidated Acts

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Trade Marks Act (No. 30 of 1964)


           Long Title

   1.	   Short title and date of operation  
   2.	   The register of trade marks  
   3.	   Register to be open to the public for inspection  
   4.	   No action for infringement of unregistered trade marks  
   5.	   Right given by registration in Part A, and infringement thereof  
   6.	   Right given by registration in Part B, and infringement thereof  
   7.	   Infringement by breach of certain restrictions  
   8.	   Savings for vested rights  
   9.	   Saving for-use, of name, address, or description of goods  
   10.	   Distinctiveness requisite for registration in Part A  
   11.	   Capability of distinguishing requisite for registration in Part B  
   12.	   Prohibition of registration of deceptive matter, &c  
   13.	   Prohibition of registration of identical and resembling trade marks  
   14.	   Registration in Part A to be conclusive as to validity after seven years  
   15.	   Registration subject to disclaimer  
   16.	   Words used as name or description of an article or substance  
   17.	   Effect of limitation as to colour, and of absence thereof  
   18.	   Application for registration  
   19.	   Opposition to registration  
   20.	   Registration  
   21.	   Duration and renewal of registration  
   22.	   Registration of parts of trade marks and of trade marks as a series  
   23.	   Powers of, and restrictions on, assignment and transmission  
   24.	   Certain trade marks to be associated so as to be assignable and transmissible as a whole only  
   25.	   Power of registered proprietor to assign and give receipts  
   26.	   Registration of assignments and transmissions  
   27.	   Removal from register and imposition of limitations on ground of non-use  
   28.	   Registered users  
   29.	   Proposed use of trade mark by corporation to be constituted, &c  
   30.	   Use of one of associated or substantially identical trade marks equivalent to use of another  
   31.	   Use of trade mark for export  
   32.	   General power to rectify entries in register  
   33.	   Power to expunge or vary registration for breach of condition  
   34.	   Correction of register  
   35.	   Alteration of registered trade mark  
   36.	   Adaptation of entries in register to amended or substituted classification of goods  
   37.	   Defensive registration of well known trade marks  
   38.	   Marks registrable as certification trade marks  
   39.	   Application for registration of certification trade mark  
   40.	   Proceedings on application  
   41.	   Deposit of regulations Relating to each registered certification trade marks  
   42.	   Consequences of registration of certification trade marks,  
   43.	   Power of court to direct amendment of the register or variation of regulations  
   44.	   Special provisions as to the award of costs  
   45.	   Exclusion of certain provisions of this Act  
   46.	   Registration of trade marks for which protection has been sought in a Convention country  
   47.	   Power to make rules  
   48.	   Fees  
   49.	   Preliminary advice by Registrar as to distinctiveness  
   50.	   Hearing before exercise of Registrar's discretion  
   51.	   Power of Registrar to award costs  
   52.	   Power to make copies of damaged volumes of the register, to prepare and insert reconstructed folios and to rectify clerical errors or omissions  
   53.	   Registrar may take directions from the Attorney-General  
   54.	   Registration to be prima facie evidence of validity  
   55.	   Certificate of validity  
   56.	   Cost of Registrar in proceedings before court, and payment of costs by Registrar  
   57.	   Trade usage, &c., to be considered  
   58.	   Registrar's appearance in proceedings involving rectification  
   59.	   Court's power to review Registrar's decision  
   60.	   Discretion of court in appeals  
   61.	   Procedure in cases of option to apply to court or Registrar  
   62.	   Appeal from orders of the court. Cap. 101  
   63.	   Stamp duties on proceedings in the court  
   64.	   Stamp duties on appeals to the Supreme Court  
   65.	   Mode of giving evidence  
   66.	   Evidence of entries in register  
   67.	   Evidence of things done by the Registrar  
   68.	   Falsification of entries in register  
   69.	   Falsely represent-ting a trade mark as registered  
   70.	   Unauthorized assumption of Royal Arms, &c  
   71.	   Unauthorized use of name, title, seal, &c., of international organizations  
   72.	   Unauthorized use of mark, seal, emblem or device of certain organizations  
   73.	   Use of religious pictures, names and titles  
   74.	   Power to issue injunctions  
   75.	   Change of form of trade connection not to be deemed to cause deception  
   76.	   Jointly owned trade marks  
   77.	   Trusts  
   78.	   Recognition of agents  
   79.	   Repeal and savings, Cap. 150  
   80.	   Validity of registration under previous law  
   81.	   Assignments and transmissions prior to appointed day  
   82.	   Association of trade marks assignable or transmissible only as a whole  
   83.	   Previous use of a trade mark by person becoming registered user after appointed day  
   84.	   Use of trade mark for export trade before appointed day  
   85.	   Interpretation  

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