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srilawsby aturio
As enacted
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Part V · Chapter XIX Marks and Trade Names

138. Collective marks

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

(1)

Subject to the provisions of this Chapter the provisions relating to marks shall apply to collective marks.

(2)

In relation to a collective mark, the reference in section 101 (signs of which a trade mark or service mark may consist)

to distinguish goods or services of one enterprise from those of other enterprises shall be construed as a reference to distinguish goods or services of the enterprise which uses the collective mark from those of other enterprises.

(3)

Notwithstanding the provisions of section 103 a collective mark may be registered which consists of a sign or indication which may serve, in trade, to indicate the geographical origin of the goods or services :

Provided, however, the owner of such a mark shall not be entitled to prohibit the use of such sign or indication in accordance with honest practices in industrial or commercial matters and in particular, by a person who is entitled to use a geographical name.

Read on from s 139

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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