Intellectual Property Act 2003 · As enacted · Part V · Chapter XIX Marks and Trade Names
139. Application for registration of collective marks
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
An application for registration of a collective mark shall not be entertained unless in such application the mark is designated as a collective mark and the application is accompanied by a copy of conditions governing the use of the mark duly certified by the applicant.
The conditions governing the use of the mark under subsection (1) shall define the common characteristics or quality of the goods or services which the collective mark shall designate, the conditions in which, and the person by whom it may be used, the exercise of effective control of the use of the mark and proper sanctions against the use of the mark contrary to such conditions. They shall contain further prescribed requirements under this section.
A collective mark shall not be registered unless the conditions governing the use of the mark—
comply with the provisions of subsection (2) and any requirement imposed by any regulation made thereunder ;
are not contrary to public policy or accepted principles of morality.
An authorised user shall, subject to any agreement to the contrary between him and registered owner of the collective mark, be entitled to require the owner to take infringement proceedings in respect of any matter which affects his interests.
If the owner—
refuses to do so ; or
fails to do so within two months after being called upon to do so, the authorised user may bring the proceedings in his own name as if he was the owner. The registered owner shall be made party to the action.
In infringement proceedings brought by the owner of a registered collective mark, any loss suffered or likely to be suffered by any authorised user shall be taken into consideration by Court.
The registration of the collective mark may be removed on the following grounds in addition to the grounds specified in section 136 :—
that the manner in which the mark has been used by the owner has caused it to become liable to mislead the public to understand or think that the mark has state patronage ;
that the owner has failed to observe, or to secure the observance of, the conditions governing use of the mark ; or
that an amendment of the conditions has been made so that the conditions—
no longer comply with subsection (2) and any other condition imposed by regulation made under this Act ; or
are contrary to public policy or to the accepted principles of morality.
The registration of a collective mark shall be declared null and void in addition to the grounds of nullity specified in section 134 if it was registered in violation of the provisions of subsections (1), (2) and (3) of section 139.