A Sri Lankan application passes through a fixed sequence, and three of the stages can end it for reasons that have nothing to do with the merits of the mark. Knowing which ones they are is most of the value of this page.
Quick reference
| Stage | What it means | Your deadline |
|---|---|---|
| Filed | The application has a date — or will, when the fee arrives | — |
| Formal defect notified | Contents, representations or fee are wrong | Three months, and the date of rectification becomes your filing date |
| Substantive examination | Assessed against sections 103 and 104 | — |
| Refusal notified | Grounds given in writing | One month for written submissions |
| Hearing | Granted at the Director-General’s discretion | — |
| Accepted | Absolutely, or with conditions, amendments or limitations | — |
| Publication fee requested | Payable before publication | Two months, or registration is refused |
| Published | The opposition window opens | — |
| Opposed | Notice plus supporting evidence filed | Three months for observations and evidence |
| Registered | After the appeal period, or after any appeal is determined | Renewal diary starts from the application date |
Filed
The application goes in on the prescribed form with five copies of the mark, a single class, and — for an applicant resident abroad — an address for service in Sri Lanka and a power of attorney for the local agent.
The date is the date of receipt, unless the fee arrives later, in which case that later date is the date of the application. An application lodged without the fee does not hold the earlier date.
Formal defect
Before the mark itself is considered, the Director-General examines whether the application meets the content and fee requirements and, where relevant, the priority and exhibition provisions.
Where it does not, the Director-General must first notify the defect and allow three months from receipt of the notification to rectify it.
Then the provision that makes this stage matter: the date on which the defect is rectified is deemed to be the date of receipt of the application. A formality problem moves the date your rights are measured from — your priority position against anyone who filed in the gap, and the date your ten-year term runs from.
Priority is handled differently. Failure to comply with the priority or exhibition requirements does not cost you the application. The Director-General simply makes no reference to the priority claimed.
Substantive examination
The mark is then examined against section 103 (the objective grounds) and section 104 (third-party rights).
Where it is inadmissible, the Director-General notifies the applicant stating the grounds in writing. The applicant has one month from the date of the notification to make written submissions.
One month is the shortest substantive deadline in the process and it runs from the notification, not from receipt. The Director-General may allow a reasonable extension of a prescribed period, but that is a discretion to request.
See examination and objections and marks that cannot be registered.
Hearing
On receipt of submissions the Director-General may inform the applicant that a hearing has been granted, with the date, time and place.
It is not automatic and it is not demanded. The written submissions carry the argument; the hearing follows from them.
Accepted
The Director-General may refuse, accept absolutely, or accept subject to conditions, amendments or modifications, or limitations as to the mode or place of use.
Conditional acceptance is still acceptance, and the conditions are published with the application and define what you will own. Where there is a refusal or a conditional acceptance, you may require the grounds of the decision in writing if you ask within three months.
The publication fee
The stage at which an application that has already succeeded can be lost.
Where the mark is admissible, the applicant is asked to pay the publication fee within the prescribed period — two months from the date of the notice under the Regulations.
Section 111(8): where the fee is not paid within the prescribed period, the Director-General shall refuse registration of the mark.
The Director-General may instead require the applicant to publish the application by written notice, and failure to do so within three months may result in refusal.
Published and opposed
Publication opens a three-month window in which any person may oppose on the section 103 or 104 grounds — with evidence substantiating the grounds filed alongside the notice, not later.
Where no opposition arrives in time, the Director-General shall register the mark.
Where an opposition is filed, the grounds are served on the applicant, who presents observations in writing with supporting evidence within three months. The Director-General then decides, after a hearing if one is considered necessary, with evidence at a hearing by affidavit and simultaneous written submissions afterwards.
See trademark opposition in Sri Lanka.
Registered
Where the Director-General decides the mark can be registered, registration does not follow immediately. It follows:
- on the expiry of the appeal period, where no appeal is preferred; or
- on the determination of the appeal, where one is.
The Director-General then enters the mark in the Register of Marks, issues a certificate of registration, and publishes the registration in the Gazette.
The renewal diary starts from the date of the application, not the certificate — section 118(2) deems the date of receipt of the application to be the date of registration. See trademark renewal in Sri Lanka.
The twelve-month longstop
Over the whole process sits section 112. Where, by reason of default on the part of the applicant, registration is not completed within twelve months of the Director-General receiving the application, a written notice of non-completion issues and the application is treated as abandoned unless completed within the time specified — three months from the notice, under the Regulations.
The qualifier is “default on the part of the applicant”, so office backlog is not what triggers it. But an application parked while a commercial decision is taken elsewhere has a clock on it.
The three avoidable losses
Worth stating together, because none of them is about the mark:
- The fee arriving after the application, which moves your filing date.
- The publication fee not paid within two months, which requires refusal of an accepted mark.
- The twelve-month longstop, where the applicant’s own default leaves the file incomplete.
All three are diary items rather than legal problems.
Frequently asked questions
What is my filing date in Sri Lanka? The date the application is received, unless the fee arrives later — then it is the fee date. A formal defect rectified later also resets it to the date of rectification.
How long do I have to answer an examination objection? One month from the Director-General’s notification, with a discretionary extension available on request.
Can I lose an accepted application? Yes. If the publication fee is not paid within two months of the notice, the Act requires the Director-General to refuse registration.
How long is the opposition period? Three months from publication, and the opponent’s evidence must be filed with the notice.
When is the mark actually registered after a favourable decision? On expiry of the appeal period if no appeal is preferred, or on determination of the appeal if one is.
Is there an overall time limit? Yes. Registration not completed within twelve months because of the applicant’s default leads to abandonment, after a notice allowing three months.
Useful official resources
- National Intellectual Property Office of Sri Lanka — the Gazette and forms
- Intellectual Property Act, No. 36 of 2003 — sections 106 to 115, 118
- Intellectual Property Regulations No. 01 of 2006 — regulations 17 to 24
See our related notes on filing a trademark in Sri Lanka, examination and objections and trademark opposition.
Holding a Sri Lankan application that has stalled, or a deadline you are unsure about? Talk to us.