Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Code Of Intellectual Property Act (No. 52 of 1979) - Sect 107

Registration of mark after further examination and publication of mark

107.
(1) Where the application complies with sections 102 and 105, the Registrar shall examine the mark in relation to the provisions of sections 99 and 100.
(2) Where the mark is inadmissible under section 99 or 100 the Registrar shall notify the applicant accordingly stating in writing the grounds on which registration of the mark is refused.
(3) Where the applicant is dissatisfied with all or any of the grounds stated by the Registrar in the notification referred to in subsection (2) he may, within a period of one month from the date of such notification, make his sub missions in writing to the Registrar against such refusal.
(4) On receipt of any such submissions the Registrar may grant the applicant a hearing and inform him of the date and time of such hearing.
(5) The Registrar 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.
(6) In case of any refusal or conditional acceptance of an application for registration of a mark, the Registrar shall, if required by the applicant, state in writing the grounds of his decision.
(7) Where the Registrar is of the opinion that the mark is admissible under section 99 or 100 he may request the applicant to pay within a period of two months the prescribed fee for publication of the application.
(8) Where the fee for publication of the application is not paid within the prescribed period registration of the mark may be refused.
(9) If the fee for publication is paid within the prescribed period the Registrar 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.
(10) Where any person considers that the mark is inadmissible on one or more of the grounds referred to in section 99 or 100 he may, within a period of three months from the date of publication of the application, give to the Registrar in the prescribed form, and together with the prescribed fee, notice of opposition to such registration stating his grounds of opposition.
(11) Where notice of opposition has not been received by the Registrar within the period specified in subsection (10) the Registrar shall register the mark.
(12) Where, within the period specified in subsection (10) notice of opposition in, the prescribed form is received by the Registrar, together with the prescribed fee, he shall serve a copy of such grounds of opposition on the applicant and shall request him to present his observations on those grounds in writing within a period of three months.
(13) On receipt of the observations of the applicant the Registrar shall after hearing, the parties, if he considers such. hearing necessary, decide, as expeditiously as possible, . whether or not the mark may be registered. If he decides that the mark is registrable he shall accordingly register such mark.
(14). The Registrar 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.


[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]