Trademark-Countries

Trademarks must contain the following essential requirements to be registrable in Sri Lanka:

• Distinctiveness
• Non-descriptiveness of the goods and / or services
• Not be a well known term in the line of business, trade channels of the applicant
• Not be same / similar / identical either visually and/or phonetically to prior registered / pending marks.

Applicants should bear in mind that the following will not be registrable as Trademarks in Sri Lanka:

1. Trademarks containing a referral in any way to the President of Sri Lanka and his patronage.
2. Trademarks similar, identical to flags, emblems, maps, signs, seals, official insignia armorial bearings, crests, symbols resembling red cross and the olympic association and such other national and international organisations and institutions.
3. Trademarks contravening public order and / or morality.
4. Trademarks containing the words Patent, Patented, By Royal Letters Patent, Registered Designs, Copyright, or words with similar or likely effect.
5. Trademarks likely to deceive the public or containing false indications of origin of goods / services. • Trademarks encouraging unfair trade competition
6. Trademarks identical or similar to religious symbols or emblems
7. Trademarks on which representation of a person is depicted without his express and prior consent.
8. Trademarks or signs consisting of numerals, letters or words which are in common use in the relevant trade circles.
9. Trademarks bearing direct reference to the character and / or quality of the goods they intend to represent.
10. Trademarks signified through a geographical appellation or a surname unless represented in a special manner or comprising of a distinctive character.
11. Trademarks identical or similar to prior registered marks.
12. Trademarks non distinctive and descriptive.
13. Trademarks Consisting of shapes, forms resultant of the inherent nature of the goods themselves or the services rendered therein or owing to the industrial function.
14. Signs or indications that have become customary designation
15. Trademarks indicatives of and consisting of such exclusive signs or indications which indicate or designate the kind, quality, quantity, intended purpose, value, place of origin, time of production of such goods.
16. Trademarks consisting of transliteration, translation, transcription of well known trademarks in Sri Lanka.

TrademarkCopia through its associate Law Firms and Lawyers in Sri Lanka is at hand to help you with trademark registration and prosecution.

It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

A search is useful in determining the following:

1. Conflict with existing trademarks.
2. Confirm validity of the proposed trademark.
3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Sri Lankan Trademarks Office.

Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Sri Lanka.

Filing is done with the Trademark office of Sri Lanka.

Applicant has to furnish the following documentation for filing:

1. Name of the applicant
2. Logo (if any) in B/W or Colour
3.  Address along with nationality of the Applicant
4. Classes in which Registration is sought.
5. Power of Attorney (POA)
6. Priority details if any. vii Details regarding Goods and Services for which registration sought
   (Goods and Services classified as per NICE classification)
   (Sri Lanka is not member of NICE agreement, although follow NICE agreement)

TRADEMARKCOPIA.COM Attorneys will assist you with:

• Filings
• Infringement & Opposition Actions
• Renewals
• License and Assignment procedures
• Trademark Watch Services

Once the application is received at the IP office, it is examined for compliance with the formality as stipulated by law and to ascertain that it is not inadmissible under law.

If the IP office refuses registration, the applicant can appeal against the decision and ask for a hearing within one month from the date of refusal.

Despite this hearing, if the application is still refused registration, the applicant can challenge the decision in the High Court.

Post examination the applications proceeds for registration.

When the application is accepted for registration, it is published in the Journal.

A period of three months is given for interested third parties to file opposition if any, post publication.

If there is any opposition filed, the same will be notified to the applicant by the IP office, to which the applicant has to file his response, based on which the IP office will hold a hearing.

In the event the application is refused registration based on this hearing, the decision can be challenged in a court of law.

TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Sri Lanka can comprehensively assist you with trademark opposition and prosecution.

If the application is accepted for registration, the registration will be effected upon payment of the registration fee.

Trademark registration in Sri Lanka is valid for 10 years from the date of filing after which it can be frequently renewed for another 10 years.

Rights of Trademark Owners:

Trademarks may be:

1. Transferred in whole or in part
2. Inherited
3. Assigned and licensed.
4. Mortgaged and creditors may seize such trademarks belonging to their debtors.
5. Licensed to natural or legal persons
6. Prevented from unauthorized usage by third parties
7. The subject of appropriate redressal from a court of law upon infringement

Pre – Registration: Usage of the mark before registration is not advantageous as rights are acquired only through registration.

Post – Registration: Non –use of the mark continuously for 5 yrs. post registration could make it vulnerable for cancellation.

Please write mail for the cost of registration of trademark in Sri Lanka to the mail address given below:

contact@trademarkcopia.com