Process when the Mark is refused

 

  • Obtaining a Trademark Application. (You have the option of conducting a Class search of the Trademarks of Goods and Services in the Intellectual Property Office website).
  • Submission of the Trademark Application (along with an Authorization Letter (POA)).
  • A number will be allocated to the said Application and acknowledgement will be given by the Intellectual Property Office.
  • Completion of the Application (if the Mark is refused at this stage, then the Application will be called for corrections, after corrections, Application may be again refused, if accepted then it will proceed to the next stage).
  • Examination of the Application. (After examination, Mark may be refused)
  • Refusal of the Mark (Hearing will be given and Applicant must make submissions against the refusal within one month of such refusal)
  • Submission of a hearing (after hearing Mark may be accepted, the normal procedure will be applied from next step onwards)
  • Refusal of the Mark (and Grounds for the refusal will be given)
  • Applicant can challenge the Mark in Commercial High Court of Colombo.

 

Flowchart of the process when the Mark is refused