27.
| (1) Subject to the provisions of section 37, a registered trade mark may be taken off the register in respect of any of the goods in respect of which it is registered, on application by any person aggrieved to the court or, at the option of the applicant and subject to the provisions of section 61 to the Registrar, on the ground either-
| | (a) that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods by him, and that there has in fact been no bona fide use of the trade mark in relation to those goods by any proprietor thereof for the time being up to the date one month before the date of the application; or | | |
| | (b) that up to the date one month before the date of the application a continuous period of five years or longer elapsed during which the trade mark was a registered trade mark and during which there was no bona fide use thereof in relation to those goods by any proprietor thereof for the time being: | | |
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| (2) An applicant shall not be entitled to rely for the purposes of paragraph (b) of subsection (1) of this section on any non-use of a trade mark that is shown to have been due to special circumstances in the trade and not to any intention not to use or to abandon the trade mark in relation to the goods to which the application relates. |
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Sri Lanka Consolidated Acts