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

• Name, address, and applicant information.

• To register a trademark in Sri Lanka, you will need a Power of Attorney, also known as a Letter of Appointment.

• List of products and services categorized by NICE.

• The size of the electronic mark specimen should not be larger than 10 cm x 10 cm.

• A copy of the priority claim convention application.

• Derivation of the mark precisely, if not in English.

Procedure for Trademark Registration in Sri Lanka

• 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.

• 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.

• 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.

• 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.

• 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.

• 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