Understanding Trademark Opposition in Sri Lanka
PROCEDURE FOR TRADEMARK OPPOSITION IN SRI LANKA
On publication of a trademark in the Trademarks Journal, any person can file an opposition against registration of the said trademark by filing a notice of opposition within the prescribed period of 3 months from the date on which the mark was published in the Journal.
A trademark application can be opposed in Sri Lanka on grounds given under Sections 103 and 104 of the Intellectual Property Act No 36 of 2003. Section 103 of the Act specifies the grounds on which a mark is not registrable and section 104 provides for marks inadmissible by reason of third party rights.
Once an opposition is filed against a trademark a copy of notice of opposition so filed is served to the applicant by the Trademark Registry and the applicant is then required to present his observations on the grounds of opposition within three months, failing which the application shall be treated as abandoned.
Thereafter the Registrar will request evidence in writing from both parties. If the dispute is not settled by the parties, then hearing is fixed in the matter.
After hearing the parties, the Registrar shall decide whether the trademark shall be registered or not. If the Registrar decides to register the mark, 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 Registrar shall accordingly register the mark.
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