Sri Lanka Consolidated Acts

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Sri Lanka Accreditation Board for Conformity Assessment Act (No. 32 of 2005) - Sect 36

Restrictions on the use of the words 'Sri Lanka Accreditation Board for Conformity Assessment' or 'Accreditation'

36.
(1) Except with the written approval of the Minister and subject to the provisions of subsections (2) and (3)
(a) no trade mark, device, brand, heading, label, ticket, pictorial representation, name, signature, letter, numeral or any combination thereof which contains the words "Sri Lanka Accreditation Board for Conformity Assessment" or any other name or acronym adopted by the Board shall be registered under the Intellectual Property Act, No. 36 of 2003 ;
(b) no person shall unless granted accreditation under section 17, sell any commodity or product or offer any service or facility under a mark which contains the word "Accreditation" or under a description in which that word is used in such a manner as may create the impression that such person has been granted accreditation under section 17.
(2) Any person who on date of commencement of this Act carried on any activity, business, trade or occupation, or is registered under any such name as is referred to in section (35) may, notwithstanding the provisions of section (35), continue to carry on such activity, business, trade or occupation or be registered, as the case may be, under such name.
(3) The provisions of paragraphs (a) and (b) of subsection (1) shall not affect any trade mark registered on the date of the commencement of this Act, or the sale of any commodity or product under any such trade mark.
(4) The Minister may at any time withdraw any approval given by him under subsection (1) if, in his opinion, it is necessary to do so in order to avoid abuse.


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