Trademark Registration in Srilanka. Register your trademark name, slogan, or logo today
We make it easy to trademark a name, logo or phrase
- Quick and easy online questionnaire
- We’ll search the federal database for direct-hits
- Preparation & filing of your trademark application
Get your trademark done and register yourself as one of them
Trademark Registration in Sri Lanka
A word, a symbol, a device, letters, numerals, a name, a combination or pattern of colors and patterns of goods or boxes may be registered as a trademark in Sri Lanka. Intellectual Property Act is the legal basis of the Sri Lanka trademark. Sri Lanka is a part of the Paris Convention. Sri Lanka uses the first-to-file basis for trademark protection.
A trademark application filed in Sri Lanka is considered on absolute and relative platform to decide whether it can be granted protection. The response to the objections must be filed within 2 months from the date of receipt of the examination report with a maximum extension of another 3 months. When the trademark office gets the application, it is sent for translation to local language and eventually published in the trademarks journal and is open to opposition for 3 months from the date of publication. This opposition period can be extended by another 2 months.
The Sri Lanka trademark works on the NICE Classification and registration of marks classes in 1 – 34 in respect of goods and classes 35 to 45 in respect of services. The registration of the trademark is valid for 10 years from the date of filing or the last renewal of registration and is renewable every 10 years. An application for renewing a trademark registration can be filed at any time throughout the 6 months before the expiration of the registration. Registering of trademarks will help in the protection of your logo, names, words etc.and restricts the case infringement. A multi-class filling system is not allowed in Sri Lanka.
At trademakrcart, we will take care of all the necessary professional preparation of the trademark registration in Sri Lanka, submission of the trademark application in Sri Lanka and give the trademark certificate to you.
What Can Be Trademarked?
Who Can Apply For Trademarked ?
Any person or business claiming to be owner can apply for a trademark including :
- Limited Sole Proprietership
- Public Limited Company
It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of individual, this problem won’t arise.
Trademark Law in Sri Lanka
Sri Lanka is a part of the Paris convention, hence it is possible to file Trademark Application with fixed priority in Sri Lanka. The Conventional Application must be registered within 6 months of priority date. Sri Lanka is not a part of Madrid. But it matches the International Classification of Goods and Services under the Nice Agreement. Its the 9th Edition and it is expected to file applications in all 45 classes in Sri Lanka. The multi-class filing system is not approved in Sri Lanka. Term of trademark registration in Sri Lanka is 10 years and registration can be successively renewed for 10 years thereafter.
Trademark filing requirements in Sri Lanka
Full Name, Address, Status, and Nationality of the candidate
Description of goods or services for which the mark is to be registered
The date of use of the Trademark in Sri Lanka (if any)
Where a conventional priority is claimed, the conventional priority details involve the application number, the country and date of filing must be provided at the time of filing of conventional trademark application in Sri Lanka. The certified copy of the priority document must be supplied within 3 months of the filing of a conventional design application in Sri Lanka. The Power of Attorney executed in presence of two witnesses must be supplied, notarization or legalization not required. Where the mark is in a language other than English, an English Translation/ Transliteration of the mark must be supplied at the time of filing of Application.
Procedure For Trademark Registration
Steps to register trademark in Sri Lanka
Benefits of Trademark registration in Sri Lanka
A trademark is required in protecting your brand. It allows your customers to identify your goods and services with one brand name. There are many benefits for registering a trademark:
Name, Address, and description of the applicant
Power of Attorney (i.e.: Letter of Appointment) – The POA is not required to be notarized or legalized.
A complete list of goods and services in accordance with the Nice classification
Electronic specimen of the mark or 6 hard copy specimens (bromides) of the mark. A specimen should not exceed 10 cms x 10 cms in size.
If priority is claimed, a verified copy of the convention application
Precise derivation of the mark and if the mark is not in English a certified translation
What Is Included In Our Package?
- Application Preparation
- Name search & approval
- Application Filing
- Same day Filing
|Trademark Consultancy on Class and Availability||Free|
|TM Application Filing + Drafting (Our Fees)||$ 699|
|Total Cost||$ 699 + Govt. Fees|
Trademark search in Sri Lanka
Trademark Search is created to fit your exact needs, with services ranging from customized searches to dedicated support. With this order form, we give an availability search for associated pending or registered trademarks. The report includes a statement from a lawyer practiced in trademark law about the registrability of a trademark and the risk of a dispute with trademarks already registered.
The trademark search is important, to avoid disputes with previous trademarks. Such disputes can lead to rejection of the trademark application for registration.
We conduct the following search:
– Search for the same and related trademarks in the desired classes among national protection rights in several countries.
– Search for the same and related trademarks in the desired classes under Community and IR trademarks, as far as it is important.
The approved trademarks will be examined and selected by an experienced lawyer specialized in trademark law. Quality assurance is carried out by counter-check by a second lawyer.
We make a search report with a clear and clear conclusion, about whether or not the mark is fit for being registered and whether or not any prior marks have been found that might conflict with the sought-after trademark. All relevant marks will be placed along with detailed information.
You will get the report within a few workdays by e-mail. The e-mail will include a link by which you can place the order of application for registration of the trademark.
Another part is, If we reach the judgment that the trademark cannot be registered because it is descriptive or is not distinctive and is hence not suitable for registration, we will so notify you quite clearly and give details about how to outline the trademark differently.
Search you trademark in 3 simple steps
Period of validity and renewal
Sri Lanka trademark is valid for 10 years, the renewal application before the expiration of 6 months, unlimited renewals. Can apply for multi-class according to the Nice International Classification the applicant may be registered trademarks of their respective countries to claim priority.
- Times showed are estimated figures.
- To get the certificate, the process takes about 4.5 years for an application.
But, Registration is valid for 10 years from the date of applying and is renewable thereafter
- If the mark is approved, it will be advertised in the Government Gazette for opposition purposes. Provided no opposition is filed, the application will continue to registration.
- If the mark is prohibited on objective grounds or by reasons of third party rights, the Registrar will conduct an inquiry and inform the applicant/attorney respectively.
Frequently Asked Questions
2) Power of Attorney (Letter of Appointment)
3) A complete list of goods and services under the NICE classification
4) 6 hard copies of the mark
Remember, the size shouldn’t be more than 10cm x 10cm. Specimens are real-life examples of how you use your mark. If you’re selling products, provide labels, tags, packaging material and containers.
5) If you claimed priority, bring a certified copy of the convention application.
6) Precise derivation of the mark. If the mark is not in English, bring the English translation of the mark.
The documents required to get trademark registration in Sri Lanka Name and address proof , copy of trademark and Letter of power of attorney.
Class 36 is for charitable fundraising services.
Others under class 41 as social club services that arrange organize social services.
Trademarks, for example, Coca-Cola, HP, Canon, Nike, and Adidas fill in as a sign of source of the merchandise and also a sign of value.
Registration of an organization or business name under the Companies Act does not in itself give security against other people who may begin utilizing identical or comparative imprints.
- Trademark: Business and item proprietors petition for a trademark. It ensures a name, word, motto, image, outline, or potentially picture recognizing a business or mark and recognizing it from others in a similar field.
- Copyright: It can be looked for by creators, craftsmen, choreographers, draftsmen, and other creative experts. While a thought can’t be copyrighted, the tangible form of a thought can be. This incorporates unique works of origin, photos, models, choreography, building works, sound chronicles, movies, and other innovative works.
- Patent: Innovators and designers file for licenses. A patent secures inventions with another or enhanced capacity. This incorporates machines, procedures, or substance pieces, or the plan for some item.
The rights of common law trademark go directly to the business that uses the trademark first. Also, you can just authorize a common law trademark in the geographic region where the trademark is utilized.
Advantages to registering your mark:
- Across the nation security
- The assumed legitimacy of the mark in the event that you need to sue
- Extra cures in court
- May expand the reputation of your organization
- Registration with the authority will dishearten others from attempting to utilize your mark
The authority will not approve every name for a trademark. Under trademark law, names can be placed into four general categories:
Generic terms, which will never be equipped for Registration. A Generic expression is a term, the importance of which is synonymous with the products (or services) themselves.
Such nonexclusive terms are unequipped for recognizing the products or services of one substance from those of another
A mark is descriptive on the off chance that it is descriptive of: the nature or quality of the merchandise; the planned reason or capacity of the services; or the end impact upon the client.
However, these terms cannot get Federal Registration unless, over a time of years, the terms have obtained an extraordinary, identifiable significance in the brains of the public (that is, an “optional importance”
A “Suggestive” mark is one which only recommends some quality or characteristic of the services. On the off chance that the mark is resolved to be suggestive, and non-descriptive, the mark is qualified for Federal Registration and to the same security as a “distinctive” mark.
You should bend over backward to create arbitrary and fanciful Trademarks.
Suggestive terms make for exceptionally frail trademarks and ought to stay away from at whatever point conceivable.
- Distinctive or Arbitrary or Fanciful
Usually, the most effortlessly Registerable and protectable mark are those which are viewed as “distinctive”.
Between the two extremes lie “Suggestive Marks” and “Descriptive Terms”.
Descriptive and generic terms ought to never be utilized as trademarks.
An exertion ought to be made to stay away from use in the trademark of terms which have a particular significance in the pertinent business since such terms tend to make a mark either descriptive or suggestive.
For trademark or trademark registration in SriLanka, the applicant needs to prove the information such as:
- The actual mark you want to use.
- The date you first use used the mark in commerce.
- The date you first shared the mark anywhere.
- Copy of the proof which shows you are using the particular mark in commerce.
- The full official and legal name of the owner of the mark.
Mark can be a picture of your product or a website advertising your services.Kinds of marks are:
It refers to the name, logo, or slogan related to the sale of goods.
- Service Mark
It refers to the name, logo, or slogan related to the services.
The search will help to avoid the duplication of a similar trademark registration in SriLanka.
If you go ahead without search then remember if your application gets rejected the fee will not be refundable by authority
A mark for your logo protects the exact shape, color, orientation, stylization. Moreover, people are much likely to change their logo, not their name.
You cannot rely on the ability of the trademark with the authority as a guarantee that your state will let you use that name as a corporate name.
- Determine whether you are selling goods or services.
- Focused on the finished product to the consumer, not on the ingredients of goods and services.
- Try to be accurate as possible because if you file in the wrong class it may become the reason for the rejection of your application by authority.
- From TrademarkCart’s drop-down menu select the most accurate category.
- Don’t be too narrow or too broad because it might become the reason for the rejection of your application.
- Do not use the phrase such as:
- Such as
- Avoid repeating the broader category name.
- Avoid the terms that fit into multiple categories.
- Try to use simple English.
A company could have a trademark name on goods or services but not have acquired the domain name. The availability of domain name is one of the main parts of comprehensive search which TrademarkCart perform for you to determine the strength of the brand name or slogan.
- When your mark will be registered it will protect it nationwide.
- When your mark will be registered it will protect it nationwide.
- You will receive the right to the exclusive use of the mark nationwide.
- It will stop or restrict other to use your mark.
- You will receive the right to use the symbol of the Registered trademark.
There are few words, symbols, or terms because of which you need to disclaim the part of your trademark are given below:
- Well known symbols
- Compressed compound wording
- Informational words
- Merely descriptive words
- Generic words
- Geographic terms
- Misspellings from telescoped words
- Foreign wording
- Multiple words disclaimer.
It is the most common question we receive from bands and other musicians that what class they can use? You can register for several classes such as:
- Entertainment service
- Sound recording
Each of them will cost $275 as a fee to authority
Trademark is just to identify the source of Goods and services so it does not apply to the single book or story. However, if you have series than you will able to trademark the series. Copyright applies to books or other literary works as it stops people from copying your story.
What do I need to do to protect my mark after it is registered?
Once appropriately enrolled, you should document your first Declaration of Continued Use between the fifth and sixth commemoration date of your filing. Your next renewal will fall between the ninth and tenth year. From that point forward, you need to renew the mark at regular intervals of 10 years.
Rights you have on the off chance that you file on the Supplemental Register
- Utilize the ® image
- Put others on seeing that you are as of now using the mark
- File a trademark encroachment suit in a government court
- Keep others from getting confusingly comparable marks from the authority – even on Principal Register.