Trademark Registration in Sri Lanka

Sri Lanka Trademark Registration – How to Register and its Benefits

A trademark attorney will process a trademark registration in Sri Lanka by conducting the below-mentioned steps:

Step 1. Trademark’s Comprehensive Study:

Before filing for trademark registration in Sri Lanka, one must assess all probable challenges that could come in the way of the registration process. This Comprehensive Study of the trademark helps in making a list of all comparable trademarks (graphically or phonetically) that might conflict with the one selected by you.

Step 2. Request of Trademark Registration:

The next step is that an attorney files your trademark registration in Sri Lanka and fulfils all necessary steps in the Trademark Office for getting registration approval. After the trademark is filed, we send the filing report comprising of the application number, date, and a scanned copy of the complete application.

How many applications do I need to file?

This completely depends on your trademark’s characteristics, the budget you have and the scope of protection you want to have in Sri Lanka. In case your trademark comprises some distinctive verbal elements like text or design elements such as graphics or logos and you would want both to be protected, we recommend you to file two separate trademark applications; the first one to protect the verbal elements; in this case, the application has to be filed as a “Word Mark” and the second one to protect the design elements, in which case, the application would be filed as a “Combined Mark”. Opting to go with two trademark applications would give you the following benefits: Wider and stronger protection: If at all, any third party files for a “Combined Mark” which has similar text like yours but has a different design, then their “Combined Mark” could be registered if you had only filed a “Combined Mark” and not chosen a “Word Mark,”. This is because the third party’s trademark would be considered different from yours. You would get the protection if your logo evolves: It is a common practices for organizations to change their logo design with passage of time. In case you file a “Combined Mark” and not go for a “Word Mark,” then your new logo would not be protected. You should use your trademark as it is registered exactly. In case you don’t do that, your trademark might be subject to cancellation. Efficient verbal and graphics protection: Opting to file a “Word Mark” application offers more flexibility to use your trademark in various ways; for example, presenting it in some stylized text form or presenting it with varying layouts or designs, provided they are not very similar to any registered trademarks that could belong to third parties. Filing a “Combined Mark” enables you to get protection for the design elements of your trademark. In case your trademark also comprises a slogan or any distinctive design symbol, we recommend you to file for a specific application for each element, as that will provide you with additional protection.

Will I get any right after having a registered trademark in Sri Lanka?

It is a requirement for business owners to register their trademark if they wish to establish rights. The “first to file” rule is applicable in Sri Lanka.

On what grounds can a Trademark Application be opposed?

Trademark can be opposed in case of:
  • Copyright breach
  • Registration of trademark in the agent’s name in place of the owner of the trademark
  • Rights are in trade names
  • Rights are in registered designs
  • Rights are in someone’s personal name

Will I have any rights established after trademark registration in Sri Lanka?

Yes. Registered marks in Sri Lanka establish the following rights:

  • Exclusive rights for using and taking benefit from the trademark
  • Challenge any conflicting applications filed at a later date
  • Appeal for cancellation of clashing registrations filed at a later date
  • Take legal course of action against any infringement
  • Get damages from infringement
  • Authorize third parties to use the trademark
  • Appeal for seizure of any counterfeit goods

Is Sri Lanka a member of the Madrid System?

Yes. Sri Lanka is a member of both Madrid Protocol and the Madrid Agreement.

Is there any timeline or the approval of trademark registration?

The average timeline for approval of the registration is 18 months, provided no objections or oppositions happen.

If I register my trademark in Sri Lanka, do I have protection in other territories?

No, the registered trademarks are protected only in Sri Lanka.

What are the various kinds of trademarks permitted to be registered in Sri Lanka?

Any sign that can be graphically depicted and can set apart a product/service from its competitors can be registered:

  • Names
  • Slogans
  • Words
  • Sounds
  • Devices
  • Holograms
  • Trade dress
  • Colours
  • 3-D shapes
  • Motion

Post the trademark registration in Sri Lanka, for how many years is it valid?

The validity of a trademark registration is 10 years.

When will I have to renew my trademark?

Subsequent renewals should be done every 10 years.

What would be the renewal date for a trademark?

The first renewal date of a trademark registration in Sri Lanka is 10 years counted from the date of application filing.

What documentation is needed while renewing a trademark?

A power of attorney is needed for renewals.

Do I get a grace period after my trademark expires?

Yes, the grace period after the expiry of the renewal date is 6 months.

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