Trademark Summary Report
Sri Lanka Group – 2007
Anomi Wanigasekera
No significant amendments or changes with respect to the Trademark Law has been made
in the last year in Sri Lanka.
The National Intellectual property Office examines its marks – trademarks, service
marks, collective marks and certification marks – of which registrations are sought as to
form, substance and legality and grants registration for those qualified.
There is an increase in the total number of Trademark applications filed in the last year.
Number of Trademark Applications filed in the year 2007
January
February
March
April
May
June
July
August
September
October
-
566
372
537
325
481
472
598
597
600
Steps have been taken to make the functions of the Intellectual Property Office user
friendly and more efficient. There is an ongoing automation programme in respect of all
IP data. The Trademark data base has been finalized and is now in use for internal search
purposes.
The extended automation project commenced with the assistance of WIPO and EU. The
system relating to marks was installed and the data validation has commenced. The
system has commenced the allocation of the trademark application number through the
system immediately upon making the application.
Upon the implementation of the ongoing automation project, most of the activities in the
trademark administration will be conducted in an automated environment. Upon the
completion of data validation to a reasonable extent, the National Intellectual property of
Sri Lanka expects by the end of 2008:
(i)
(ii)
the use of the system for day to day operation of marks
initiation of online application process.
Case Law:
(i)
Unilever PLC and Unilever Sri Lanka Vs Shamil Industries
Unilever filed action against Shamil Industries for the infringement of their trademark
Sunlight. Court ordered an Enjoining Order. The defendants changed its label and the
matter was settled.
Defendant’s Label
Plaintiff’s Label
Changed label
(ii)
Ceylon Brewery Ltd Vs Asia Pacific Breweries Ltd and Asia Pacific Brewery
(Lanka) Ltd
Ceylon Brewery Ltd filed action against Asia Pacific Breweries Ltd and Asia Pacific
Brewery (Lanka) Ltd for the infringement of their LION logo and an Enjoining Order
was issued against the Defendants. The Defendants took up the position that the Plaintiff
has suppressed to Court that the 1st Defendant is the registered proprietor of the LION
device and the 2nd Defendant Company is a BOI approved Company and the Court
refused to issue Interim Injunction.
This Order was appealed to the Supreme Court by the Plaintiff and the Supreme Court
refused to grant leave and the matter is now proceeding to trial.
Defendant’s devices
Plaintiff’s devices
Odel (Pvt) Ltd Vs Odhil Enterprises, M Odel Shop and OREL
Odel (Pvt) Ltd instituted several actions against Odhil Enterprises, M Odel and OREL.
Odel (Pvt) Ltd are the proprietors of the trademark ODEL in respect of clothing and in
several other classes. Odel is a Departmental Store which has registered its mark in many
countries. Actions were instituted against the use of the similar trade names.
Court issued notice of interim injunction on the Defendants and all three defendants
agreed to change their trade names and the cases were settled.
1. Odel (Pvt) Ltd
-
2. Defendant M Odel
-
3. Defendant OREL
-
4. Defendant ODHIL
-
Plaintiff’s Mark