38.
| (1) A mark adapted in relation to any goods to distinguish in the course of trade goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic, from goods not so certified shall be registrable as a certification trade mark in Part A of the register in respect of those goods in the name, as proprietor thereof, of that person: |
|
| (2) In determining whether a mark is adapted to distinguish as aforesaid, the Registrar or the court may have regard to the extent to which-
| | (a) the mark is inherently adapted to distinguish as aforesaid in relation to the goods in question; and | | |
| | (b) by reason of the use of the mark or of any other circumstances, the mark is in fact adapted to distinguish as aforesaid in relation to the goods in question. | | |
|
|
|
Sri Lanka Consolidated Acts