100.
| (1) A mark shall not be registered-
| | (a)which resembles, in such a way as to be likely to . mislead the public, a mark already validly filed or registered by a third party, or subsequently filed by a person validly claiming priority in respect of the same goods or services or of other goods or services in connection with which use of such mark may be likely to mislead the public; | | |
| | (b) which resembles, in such a way as to be likely to mislead the public, an unregistered mark used earlier in Sri Lanka by a third party in connection with indentical or similar goods or services, if the applicant is aware, or could not have been unaware of such use; | | |
| | (c) which resembles, in such a way as to be likely to mislead the public, a trade name already used in Sri Lanka by a third party, if the applicant is aware, or could not have been unaware, of such use ; | | |
| | (d) which constitutes a reproduction in whole or in part, an imitation, translation or transcription, likely to mislead the public, of a mark or trade name which is well known in Sri Lanka and belongs to a third party; | | |
| | (e) which infringes other third party rights or is contrary to the provisions of Chapter XXIX relating to the prevention of unfair competition ; | | |
| | (f) which is filed by the agent or representative of a third party who is the owner of such mark in another country, without the authorization of such owner, unless the agent or representative justifies his action. | | |
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| (2) The Registrar shall, in applying the provisions of paragraphs (a) to (e) of subsection (1), have regard to the fact that the third parties referred to therein have consented to the registration of such mark. |
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Sri Lanka Consolidated Acts