Understanding rectification and removal of trademarks in Sri Lanka
On What Grounds can a Registered Trademark Be Removed in Sri Lanka?
Section 136 of the Intellectual Property Act, No. 36 of 2003 provides for the grounds on which a registered trademark can be removed in Sri Lanka. The grounds are:
- If the registered owner has, without valid grounds, failed to use the mark within Sri Lanka or cause it to be used within Sri Lanka by virtue of a license, during five consecutive years immediately preceding the date of the application to Court ;
- If the registered owner has caused, provoked or tolerated the transformation of the mark into a generic name for one or more of the goods or services in respect of which the mark is registered so that in trade circles and in the eyes of the public its significance as a mark has been lost;
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