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-566
February-372
March-537
April-325
May-481
June-472
July-598
August-597
September-600
October-
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)the use of the system for day to day operation of marks
(ii)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 LabelPlaintiff’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 devicesPlaintiff’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.
- Odel (Pvt) Ltd- Plaintiff’s Mark
- Defendant M Odel-
- Defendant OREL-
- Defendant ODHIL-