Sri Lanka Consolidated Acts

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Trade Marks Act (No. 30 of 1964) - Sect 80

Validity of registration under previous law

80.
(1) Subject to the provisions of this section and of section 14, the validity of the original entry of a trade mark on the register of trade marks existing under the repealed Ordinance immediately before the appointed day or on any register of trade marks which was kept under any previous Ordinance and was incorporated with and declared to form part of the first-mentioned register, shall be determined in accordance with the law in force at the date of such entry, and every such trade mark shall retain its original date but for all other purposes it shall be deemed to have been registered under this Act.
(2) No trade mark which was on the register at the commencement of the repealed Ordinance and which under that Ordinance was then a registrable trade mark shall be removed from the register on the ground that it was not registrable under the law in force at the date of its registration.
(3) No trade mark which was on the register immediately before the appointed day and which under this Act is a registrable trade mark shall be removed from the register on the ground that it was not registrable under the law in force at the date of its registration.
(4) Nothing in this Act shall be deemed-
(a) to invalidate the original registration of a trade mark which was validly on the register immediately before the appointed day; or
(b) to subject any person to any liability in respect of any act or thing done before the appointed day to which he would not have been subject under the law in force at the time such act or thing was done.


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