Understanding Well Known Trademarks in Sri Lanka

The Trademarks Registry recognizes well-known trademarks in Sri Lanka on the basis of their international, national and cross border reputation.

Section 104(2) of the Intellectual Property Act, No. 36 of 2003 prescribes the criteria for determining whether a mark is well-known and the same is as under:

  1. particular facts and circumstances relating to each mark;
  1. any fact or circumstance from which it may be inferred that the mark is well known;
  1. the degree of knowledge or recognition of the mark of the relevant sector of the public;
  2. the duration, extent and geographical area of use of the mark;
  • the duration, extent and geographical area of promotion of the mark, including advertising or publicity and the presentation at any fair or exhibition of the goods or services to which the mark applies;
  • the  duration  and  geographical  area  of  the  registration  or  the  application  for

registration, of the mark, to the extent that they reflect use or recognition of the mark;

  • the record of successful enforcement of rights in the mark, in particular, the extent to which the mark has been recognized as being well known, by the Competent Authority;
  • the value associated with the mark;
  1. the criteria specified in this subsection to determine whether a mark is well known or not shall not be exclusive nor exhaustive

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