Collective Marks in Sri Lanka

Sri Lanka’s Intellectual Property Act, (No. 36 of 2003 Part V, Chapter XIX) rules and defines  certification marks and collective trademarks.

 “Certification Mark” means a mark indicating that the goods or services in connection with which it is used are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics.

 “Collective Mark” means any visible sign designated as such and serving to distinguish the origin or any other common characteristic of goods or services of different enterprises which use the mark under the control of the registered owner.

 “Enterprise” means any business, industry or other activity carried on by an individual, partnership, company, or co-operative society wherever registered or incorporated and whether registered or not under any law for the time being in force relating to companies, co-operative societies or businesses engaged in or proposing to engage in any business and includes any business undertaking of the Government or any State Corporation whether carrying on business in Sri Lanka or otherwise.

 “Geographical Indication” means an indication which identifies any goods as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

 “Goods” means anything which is the subject of trade, manufacture or merchandise and includes services.

 “Indication of Source” means any expression or sign used to indicate that a product or service originates in a given conutry or group of countries, region, or locality.

 “Trade Name” means the name or designation identifying the enterprise of a natural or legal person.