TRADEMARKS NOT REGISTRABLE IN SRI LANKA

What marks are not registrable in Sri Lanka?

The trademarks which are not registrable in Sri Lanka are the following:

• which consists of shapes or forms imposed by the inherent nature of the goods or services or by their industrial function;

• which consists exclusively of a sign or indication which may serve, in the course of trade, to designate the kind, quality, quantity, intended purpose, value, place of origin or time of production, or of supply, of the goods or services concerned;

• which consists exclusively of a sign or indication which has become, in the current language or in the bona fide and established practices of trade in Sri Lanka, a customary designation of the goods or services concerned ;

• which, is incapable of distinguishing the goods or services of one enterprise from those of another enterprise ;

• which consists of any scandalous design or is contrary to morality or public order or which, in the opinion of the Director-General or of any court to which the matter may be referred to, as the case may be, is likely to offend the religious or racial susceptibilities of any community;

• which is likely to mislead trade circles or the public as to the nature, the source, geographical indication the manufacturing process, the characteristics, or the suitability for their purposes, of the goods or services concerned ;

• which does not represent in a special or particular manner the name of an individual or enterprise ;

• which is, according to its ordinary signification, a geographical name or surname ;

• which reproduces or imitates armorial bearings, flags or other emblems, initials, names or

• abbreviated names of any State or any inter-governmental international organization or any organization created by international convention, unless authorized by the Competent Authority of that State or international organization;

• which reproduces or imitates official signs or hall-marks of a State, unless authorized by the Competent Authority of that State which resembles in such a way as to be likely to mislead the public, a mark or a collective mark or certification mark the registration of which has expired and has not been renewed during a period of two years preceding the filing of the application for the registration of the mark in question or where its renunciation, removal or nullity has been recorded in the register during a period of two years preceding the filing of the application for the mark in question;

• the registration of which has been sought in respect of goods or services the trading of which is prohibited in Sri Lanka.

To know more about Trademarks in Sri Lanka