Sri Lanka Consolidated Acts

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Trade Marks Act (No. 30 of 1964) - Sect 16

Words used as name or description of an article or substance

16.
(1) The registration of a trade mark shall not be deemed to have become invalid by reason only of any use, after the date of the registration, of a word or words which the trade mark contains, or of which it consists, as the name or description of an article or substance:
(2) Where the facts mentioned in paragraph (a) or (b) of the proviso to the preceding subsection are proved with respect to any word or words, then-
(a) if the trade mark consists solely of that word or those words, the registration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the same description, shall be deemed for the purposes of section 32 to be an entry wrongly remaining on the register;
(b) if the trade mark contains that word or those words and other matter, the court or the Registrar, in deciding whether the trade mark shall remain on the register, so far as regards registration in respect of the article or substance in question and of any goods of the same description, may in case of a decision in favour of its remaining on the register require as a condition thereof that the proprietor shall disclaim any right to the exclusive use in relation to that article or substance and any goods of the same description of that word or those words, so, however, that no disclaimer on the register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made; and
(c) for the purposes of any other legal proceedings relating to the trade mark,-
(i) if the trade mark consists solely of that word or those words, all rights of the proprietor, whether under the common law or by registration, to the exclusive use of the trade mark in relation to the article or substance in question or to any goods of the same description, or
(ii) if the trade mark contains that word or those words and other matter, all such rights of the proprietor to the exclusive use of that word or those words in such relation as aforesaid,
(3) 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 immediately prior to the appointed day shall, notwithstanding anything in section 14, be deemed for the purposes of section 32 to be an entry made in the register without sufficient cause, or an entry wrongly remaining on the register, as the circumstances may require:


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