Intellectual Property Act 2003 · As enacted · Part V · Chapter XIX Marks and Trade Names
111. Registration of mark after further examination and publication of mark
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Where the applicant complies with the provisions of sections 106 and 109, the Director-General shall examine the mark in relation to the provisions of sections 103 and 104.
Where the mark is inadmissible under section 103
or 104 the Director-General shall notify the applicant accordingly stating in writing the grounds on which registration of the mark is refused.
Where the applicant is dissatisfied with all or any of the grounds stated by the Director-General in the notification referred to in subsection (2) he may, within a period of one month from the date of such notification, make his submissions against such refusal to the Director-General, in writing .
On receipt of any submissions the Director-General may inform the applicant that he has been granted a hearing and the date, time and place of such hearing.
The Director-General may, after such inquiry as he thinks fit, refuse to accept the application for registration of the mark, or may accept it absolutely or subject to conditions, amendments or modifications, or to such limitations, if any, as to the mode or place of user or otherwise as he may think fit to impose.
In case of any refusal or conditional acceptance of an application for registration of a mark, the Director-General shall, if required by the applicant within a period of three months from such refusal or conditional acceptance, state in writing the grounds of his decision.
Where the Director-General is of the opinion that the mark is admissible under section 103 or 104 he may request the applicant to pay the prescribed fee within a prescribed period for publication of the application.
The Director-General shall refuse registration of the mark where the fee for publication of the application is not paid within the prescribed period.
If the fee for publication is paid within the prescribed period the Director-General shall proceed to publish the application setting out the date of application, the representation of the mark, the goods or services in respect of which registration of the mark is requested with an indication of the corresponding class or classes, the name and address of the applicant and, if the applicant is resident outside Sri Lanka, a postal address for service in Sri Lanka, the priority claimed, if any, or the date of certified use of the mark at an international exhibition.
Notwithstanding the provisions of subsections (7), (8) and paragraph (a) of this subsection relating to the prescribed fee and the publication, the Director-General may, at his discretion, require the applicant by notice in writing to publish an application as referred to in paragraph (a) of this subsection. Where the applicant fails or neglects to publish such application within a period of three months from the date of such notice the application may be refused.
Where any person considers that the mark is inadmissible on one or more of the grounds specified in section 103 or 104 he may, within a period of three months from the date of publication of the application, give to the
Director-General in the prescribed form, and together with the prescribed fee, notice of opposition to such registration stating his grounds of opposition accompanied by evidence to substantiate such grounds.
Where notice of opposition has not been received by the Director-General within the period specified in subsection (10) of this section, the Director-General shall register the mark.
Where, within the period specified in subsection (10) of this section notice of grounds of opposition in the prescribed form is received by the Director-General, together with the prescribed fee, he shall serve a copy of such grounds of opposition on the applicant and shall requset him to present his observations on those grounds in writing accompanied by evidence to support his application within a period of three months.
On receipt of the observations of the applicant the
Director-General shall after hearing the parties, if he considers such hearing necessary, decide, as expeditiously as possible, whether such mark should be registered or not.
If the Director-General decides that the mark can be registered, then if —
no appeal is preferred against his decision, upon the expiry of the period within which an appeal may be preferred against his decision ;
an appeal is preferred against his decision, upon the determination of such appeal, the Director-General shall accordingly register such mark.
The Director-General may allow a reasonable extension of the prescribed period within which any act has to be done or any fee has to be paid under this section.