46.
| (1) Any person who has applied for protection for any trade mark in a Convention country shall, on application by himself or his heirs, executors, administrators or assigns, and subject to the provisions of this Act as to the admissibility of a trade mark to registration, be entitled to procure the registration of that trade mark under this Act in priority to other applicants; and such registration shall have the same date as the application in the Convention country if the application for such registration in Ceylon has been made within six months after the date on which application was made in the Convention country. |
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| (2) Nothing in this subsection shall be deemed or construed to entitle the proprietor of a trade mark to recover damages for any infringement of a trade mark which has occurred before the date of the actual registration of that trade mark in Ceylon. |
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| (3) The use in Ceylon of any trade mark referred to in subsection (1) of this section during the period of six months specified in that subsection shall not invalidate the registration of that trade mark in Ceylon. |
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| (4) The application for the registration of a trade mark under this section shall be made and dealt with in the same manner as if it were an application under section 18 for the registration of a trade mark under this Act. |
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| (5) Where a person has applied for protection for any trade mark by an application which-
| | (a) in accordance with the terms of a treaty subsisting between any two or more Convention countries, is equivalent to an application duly made in any one of those Convention countries, or | | |
| | (b) in accordance with the law for the time being in force of any Convention country, is equivalent to an application duly made in that Convention country, | | |
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Sri Lanka Consolidated Acts