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srilawsby aturio
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Part V · Chapter XIX Marks and Trade Names

134. Nullity of registration

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The Court may on the application of any person showing a legitimate interest, or of any competent Authority including the Director-General , to which the registered owner of the mark and every assignee, licensee or sub-licensee on record shall be made party, declare the registration of the mark null and void if its registration is precluded under the provisions of sections 103 and 104 :

Provided, however, that grounds of nullity which do not exist on the date of the application to Court, shall not be taken into account.

(2)

Where the grounds for nullity of registration of the mark exist in respect of only part of the goods or services for which the mark is registered, nullity of the registration shall be declared for that part only for such goods or services.

(3)

An application for a declaration of nullity based on any of the grounds specified in subsection (1) of section 104

shall be made within five years from the date of issue of the certificate of registration under subsection (3) of section 113.

Read on from s 135

Part VI

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Part VII

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Part VIII

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Part IX

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Part X

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Part XI

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