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As enacted
Contents

Part XI

185. False representations regarding marks

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

(1)

Any person who, for industrial or commercial purposes, makes a representation—

(a)

with respect to a Mark not being a registered Mark to the effect that it is a registered Mark ;

(b)

to the effect that a registered mark is registered in respect of any goods or services regarding which registration has not been carried out ; or

(c)

to the effect that the registration of a mark gives an exclusive right to the use thereof in any circumstances, in which having regard to limitations recorded in the register, the registration does not give that right, shall be guilty of an offence and shall on conviction after trial before a Magistrate be liable to a fine not exceeding five hundred thousand rupees or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(2)

A person shall be deemed to represent a Mark as registered if he uses in connection with the Mark the word

“registered”, or any word or sign expressing or implying that registration has been obtained for the mark.