SRI LANKA Law and Practice Contributed by: Anomi Wanigasekera, Sabeera Shariff and Saambavi Siththananthan, Julius & Creasy
4.7 Revocation, Change, Amendment or Correction of an Application Clerical errors can be filed during the examination of the application. However, it is not possible to include new specifications in the goods/services list. The following amendments to the application for reg - istration may be permitted. • change of name or address of the applicant, provided there is no such change by assignment, transmission or otherwise; and • subsequent amendment of the mark by deleting a part or parts of the mark. Alterations of registered marks are allowed under Sec - tion 120 with the leave of the Director-General, to add to or alter such mark in any manner not substantially affecting the identity thereof; the Director-General may refuse or grant such leave. 4.8 Dividing a Trade Mark Application There is no provision under the IP Act for dividing a trade mark application in Sri Lanka. 4.9 Incorrect Information in an Application The NIPO will issue a defect notice in connection with the incorrect information. This should be corrected within three months from the issuing of the defect notice. 4.10 Refusal of Registration Section 103 (1) of the IP Act identifies certain grounds of inadmissibility, and Section 104 recognises grounds of inadmissibility by reason of third-party rights. For the absolute grounds of refusal, see 2.1 Types of Trade Marks . The refusal may be addressed by filing written sub - missions within one month from the date of the refusal letter or by requesting a hearing. 4.11 The Madrid System This is not applicable as Sri Lanka is yet to accede to the Madrid system.
• a clear image of the proposed logo that is of high resolution, either in.jpg or.pdf format, and details of the applicant’s name and address and of the goods/services to be filed; • power of attorney; and • priority document. If the mark claims priority, an original certified priority document is needed. This can be submitted within three months from filing the mark. If the priority docu - ment is not in English, an English translation certified by a sworn translator is also required (if the sworn translation is not available, a notarised translation is acceptable). Official charges remain the same; however, agent fees can vary. Applications should be filed through registered agents. 4.5 Use in Commerce Prior to Registration Use is not a prerequisite to filing a trade mark applica - tion in Sri Lanka. 4.6 Consideration of Prior Rights in Registration If the applicant wishes to claim prior rights at the time of filing the application, such rights can be claimed. Section 107 of the IP Act deals with the right of prior - ity. If the applicant wishes to avail themselves of the priority of an earlier application filed in a convention country, they should, within six months of the date of such earlier application, append to their application a written declaration indicating the date and number of the earlier application, the name of the applicant and the country in which they or their predecessor in title filed such application. Within a period of three months from the date of the later application filed in Sri Lanka, they should furnish a copy of the earlier application certified as correct by the appropriate authority of the country where such earlier application was filed. Section 108 provides for temporary protection of a mark exhibited at an international exhibition.
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