Sri Lanka Trademark Law
The Intellectual Property Act No. 36 of 2003 contains the legislation governing intellectual
property rights. The administrative agency for intellectual property rights is called the
National Intellectual Property Office, and it is located in Colombo, the country's capital.
Sri Lanka is a party to several international agreements that cover trademarks, such as the
Paris Convention for the Protection of industrial property or the WTO Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).
The following insignias may be used by the applicants for the proposed mark, based on the
status of their respective trademark (s):
When you applied for trademark registration in Sri Lanka, the TM symbol was utilized to
indicate unregistered trademarks that were being used to brand or promote goods.
When promoting or branding services, the SM symbol is used instead of the ® symbol for
unregistered service marks.
In order to register a trademark in Sri Lanka, the phrase "is used for similar/identical to
an earlier trademark in respect of different goods/services."
Documents needed to Register a Trademark
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Name, address, and applicant information.
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To register a trademark in Sri Lanka, you will need a Power of Attorney, also known
as a Letter of Appointment.
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List of products and services categorized by NICE.
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The size of the electronic mark specimen should not be larger than 10 cm x 10 cm.
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A copy of the priority claim convention application.
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Derivation of the mark precisely, if not in English.
Procedure for Trademark Registration in Sri Lanka
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Offline Application
As there is currently no online way for trademark registration in Sri Lanka, the
first step is to fill out an offline application at the trademarks office in
Colombo. Only one class can be covered by a trademark application in Sri Lanka;
multiple class applications cannot be submitted there. It is also possible to submit
a trademark application or a priority trademark application that claims priority
from a second convention country in.
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Filling with both Madrid Protocol & Individual Country
Within six months after the date on which the trademark application was filed, the
convention country for trademark registration in Sri Lanka is also filed & we are
specialized in filling with both Madrid protocol as well as an individual country.
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Selecting the Trademark Classes
The following stage is selecting the trademark classes to which your product belongs,
as Sri Lanka's trademark office adheres to the NICE's 9th edition. Classification
and registration of marks are permissible in classes 1 through 34 for goods and
classes 35 through 45 for services, and it only accepts applications for a single
class. Within three months of the date the application was filed in Sri Lanka,
convention applications claiming priority there may be filed along with a claim of
priority document.
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Examination of Application
If protection can be granted, the application for trademark registration in Sri Lanka
is then evaluated on both absolute and relative grounds. Objections to the
application must be responded to within 2 months of the date on which the
examination report was received, with a maximum extension of another 3 months.
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Acceptance of Trademark Application
After the trademark office accepts the application, it is translated into the native
tongue and published in the trademarks journal for opposition for a period of three
to five months after the date of publication for trademark registration in Sri
Lanka.
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Renewal of Trademark Registration
A trademark registration application may be submitted at any time during the six
months prior to the expiration of the registration's/last renewal's validity. Sri
Lankan trademark registrations are valid for a period of ten years from the date of
filing or from the date of the most recent renewal, and they are renewable every ten
years. Within six months of the date on which the non-renewal in the trademarks
journal was published, the late renewal is also possible with unpaid renewal fees.
Removal of Trademark
If a trademark is not used for a period of five years after the date of Sri Lankan trademark
registration, a cancellation petition on the grounds of non-use may be filed to have it
struck from the register. It is possible to record trademark assignments with or without the
goodwill of the company, applicant name or address changes, registered user agreements,
licences of registered trademarks, and more. Legal action can be brought before the District
Courts or High Court of Sri Lanka for the use of the ® symbol on unregistered trademarks, as
well as for the production, importation, or sale of counterfeit goods.
FAQs on Trademark Registration
The cost of submitting a trademark application in Sri Lanka and other trademark
expenses are determined by the class of business that the entity belongs to.
In Sri Lanka, it is not possible to file trademark applications for more than
one class, hence a separate application should be submitted for each class.
A list of the goods or services for which trademark registration in Sri Lanka is
sought, five copies of a representation of the mark, and the request for the
registration of the mark must be submitted to the National Intellectual Property
Office of Sri Lanka in order to receive a filing date.
The trademark registration in Sri Lanka is valid for ten years from the date of
filing and may be renewed for additional ten-year terms with payment of the
renewal cost within the year prior to the expiration date. After the date of
such expiration, a grace period of six months will be given for the payment of
the cost upon payment of a surcharge to register a trademark in Sri Lanka.If a
trademark in Sri Lanka is not utilised within five years of its registration, it
may be susceptible to cancellation.
For trademark registration in Sri Lanka, any of the following can be used: a
word, a symbol, a device, characters, numbers, a name, surname, or geographical
name etc.
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