Abdul Aziz v. Usha Industries Ltd. – sllr 1993 volume 2 page 343

In the case between the estate of the late G. H. Reimoo (Plaintiff-Respondent) and the executor of the estate of the late G. H. Reimoo (Defendant-Appellant), the court addressed the issue of whether an importing agent or successor could validly register a foreign manufacturer’s trademark in Sri Lanka absent compliance with statutory requirements. It was held that registration cannot be sustained unless the importing agent’s claim is based on the representation of the importer’s reputation (not the manufacturer’s), with the manufacturer’s consent, and a bona fide status as sole consignee is established. The principle reaffirmed is that statutory protection of foreign trademarks under the Trade Marks Ordinance is contingent upon clear evidence of entitlement, good faith, and proper authority