39.
| (1) An application for the registration of a certification trade mark under this section shall be made to the Registrar in writing in the prescribed manner by the person who claims to be the proprietor thereof. |
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| (2) The provisions of subsection (2) and of sub- sections (9) to (12) of section 18 shall have effect in relation to an application for registration under this section as they have effect in relation to an application under subsection (1) of section 18. |
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| (3) In dealing, under the provisions referred to in subsection (2), with an application under this section, the Registrar shall have regard to the like considerations, so far as relevant, as if the application were an application under section 18 and to any other considerations relevant to applications under this section, including the desirability of securing that a certification trade mark shall comprise some indication that it is such a trade mark. |
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| (4) An applicant for the registration of a certification trade mark under section 38 shall, on or before such date as may be fixed by the Registrar, being a date before a decision is made on the application, transmit to the Registrar draft regulations for regulating the use of the trade mark. |
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| (5) The Registrar shall consider each application having regard to the following matters, that is to say: -
| | (a) whether the applicant is competent to certify the goods in respect of which the mark is to be registered; | | |
| | (b) whether the draft regulations are satisfactory; and | | |
| | (c) whether in all the circumstances the registration applied for would be to the public advantage, | | |
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Sri Lanka Consolidated Acts