18.
| (1) A person who claims to be the proprietor of a trade mark used or proposed to be used by him and who is desirous of registering it shall apply in writing to the Registrar in the prescribed manner for registration either in Part A or in Part B of the register. |
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| (2) Subject to the provisions of this Act, the Registrar may refuse the application, or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think proper. |
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| (3) The Registrar may refuse to accept any application for the registration of a trade mark upon which any of the following appear: -
| | (a) the expressions " Patent", " Patented ", " Registered", "Registered Design", "Copyright", " To counterfeit this is a forgery ", or words to like effect; | | |
| | (b) representations of Her Majesty, or any member of the Royal Family, or any colourable imitations thereof; | | |
| | (c) representations of the Royal or Imperial Arms, crests, armorial bearings or insignia, or devices so nearly resembling them as to be likely to lead to mistake, or of the British Royal or Imperial Crowns, or of the Royal, Imperial or National flags, or the words "Royal" or "Imperial" or any other words, letters, or devices likely to lead persons to think that the applicant either has or recently has had Royal patronage or authorization; | | |
| | (d) the expression " Anzac "; | | |
| | (e) the expressions " Red Cross" or " Geneva Cross", and representations of the Geneva and other crosses in red, or of the Swiss Federal cross in white on a red ground or silver on a red ground, or such representations in a similar colour or colours; and | | |
| | (f) any other expression or representation which may be prescribed. | | |
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| (4) Where there appears in a trade mark the registration of which is applied for a representation of a cross in any colour, not being one of those mentioned in the last preceding subsection, the Registrar may require the applicant as a condition of acceptance to undertake not to use the cross device in red, or in white on a red ground or silver on a red ground, or in any similar colour or colours. |
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| (5) Where a representation of the armorial bearings, insignia, orders of chivalry, decorations or flags of any state, city, town, place, society, body corporate, institution or person appears on a trade mark, the Registrar, before proceeding to register the mark, shall, if he so requires be furnished with a consent to the registration and use of such emblems from such official or other person as appears to the Registrar to be entitled to give such consent, and in default of such consent, he may refuse to register the mark. |
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| (6) Where the name or representation of any person appears on a trade mark, the Registrar shall, if he so requires before proceeding to register the mark, be furnished with consent from that person or, in the case of a person recently dead, from his legal representatives, and in default of such consent, the Registrar may refuse to register the mark. |
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| (7) Where the name or description of any goods appears on a trade mark, the Registrar may refuse to register such mark in respect of any goods other than the goods so named or described. |
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| (8) Where the name or description of any goods appears on a trade mark, and such name or description in use varies, the Registrar may permit the registration of the mark for those and other goods, and in that case the applicant shall state in his application that the name or description will be varied when the mark is used upon goods covered by the specification other than the named or described goods. |
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| (9) In the case of an application for registration of a trade mark (other than a certification trade mark) in Part A of the register, the Registrar may, if the applicant is willing, instead of refusing the application, treat it as an application for registration in Part B and deal with the application accordingly. |
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| (10) In the case of a refusal or conditional acceptance, the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving thereat, and the decision shall be subject to appeal to the court. |
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| (11) An appeal under this section shall be made in the prescribed manner, and upon appeal, the court shall, if required, hear the applicant and the Registrar, and shall make an order determining whether, and subject to what amendments, modifications, conditions or limitations, if any, the application is to be accepted. |
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| (12) Appeals under this section shall be heard on the materials stated as aforesaid by the Registrar, and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar, other than those so stated as aforesaid by him, except by leave of the court. Where any further grounds of objection are taken, the applicant shall be entitled to withdraw his application without payment of costs on giving notice as prescribed. |
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| (13) The Registrar or the court, as the case may be, may at any time, whether before or after acceptance, correct any error in or in connection with the application, or may permit the applicant to amend his application upon such terms as the Registrar or the court, as the case may be, may think fit. |
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Sri Lanka Consolidated Acts