Skip to content
As enacted
Contents

Part V · Chapter XIX Marks and Trade Names

110. Examination of application as to form

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The Director-General shall examine whether the applicant for registration of the mark satisfies the requirements specified in sections 106 and 109 and where applicable the provisions of sections 107 and 108.

(2)

Where the applicant fails to comply with the provision of sections 106 and 109, the Director-General shall refuse to register the mark :

Provided however the Director-General shall first notify the applicant of any defect in the application and shall afford him an opportunity to rectify such defect within three months from the date of receipt of such notification.

(3)

The date on which the applicant rectifies such defect shall be deemed to be the date of receipt of the application for registration.

(4)

Where the applicant fails to comply with the provisions of section 107 or 108, the Director-General shall not, in connection with the registration of the mark, make any reference to the priority claimed.

(5)

Where the applicant complies with the provisions of sections 107 and 108, the Director-General shall in connection with the registration of the mark record the priority claimed or the date of the certified use of the mark at an international exhibition.

(6)

Where the Director-General refuses to register a mark, he shall, if so requested by the applicant, state in writing the grounds of his decision.