Applications are filed at the trademarks office in Colombo. Online filing is not yet available in Sri Lanka, so filings are made on paper.
At a glance
| Office | National Intellectual Property Office, Colombo |
| Online filing | Not available |
| Classification | Nice Classification, classes 1 to 34 goods, 35 to 45 services |
| Multi-class applications | Not accepted, single class only |
| Priority | Available to WTO members and Paris Convention signatories |
| Priority document deadline | 3 months from the Sri Lankan filing date |
| Examination reply | 2 months, extendable by up to 3 months |
| Opposition period | 3 months from publication, extendable by 2 months |
| Term | 10 years from filing, renewable every 10 years |
| Non-use cancellation | After 5 years of non-use from registration |
Filing
The Sri Lanka trademark office accepts single-class applications only. Protection across several classes means a separate application for each, with separate fees.
Members of the WTO and signatories to the Paris Convention can file convention applications claiming priority. A certified copy of the priority document is required, and it can be filed within three months from the date of filing in Sri Lanka.
The evidence of use requirement
This is the feature of Sri Lankan practice most likely to catch a foreign applicant out.
Evidence of use must be filed at the time of the second renewal to maintain the registration in effect.
A mark filed and renewed once without ever being used in Sri Lanka will run into difficulty at the twenty-year mark. For portfolios held defensively rather than actively traded, this needs to be diarised well in advance, because assembling use evidence retrospectively is difficult.
Examination
Applications are examined on absolute and relative grounds.
A response to objections must be filed within two months of receipt of the examination report, with a maximum extension of a further three months.
Publication and opposition
When the office accepts an application, it is sent for translation into the local language before publication in the trademarks journal.
Once published, the mark is open to opposition for three months from publication, extendable by a further two months.
The translation step is worth knowing about because it adds time between acceptance and publication that applicants do not always anticipate.
Renewal
Registration runs for 10 years from the date of filing, or from the last renewal, and is renewable every 10 years.
A renewal application can be filed at any time during the six months before expiry.
Late renewal is possible within six months from the date of publication of the non-renewal in the trademarks journal, under the heading “Unpaid Renewal Fee”. Note that this window runs from publication of the non-renewal, not from the expiry date itself.
Cancellation for non-use
A cancellation petition can be filed to remove a mark from the register where it has not been used in Sri Lanka for five years from the date of registration.
Changes and amendments
The following can be recorded:
- Assignment of trademarks, with or without the goodwill of the business
- Change of name or address of the applicant or proprietor
- Registered user agreements and licences of registered trademarks
Amendments to a registered trademark are possible provided they do not substantially alter the identity of the mark or the specification of goods and services.
Enforcement
The following are offences punishable under Sri Lankan law:
- Use of the ® symbol on an unregistered trademark
- Manufacture, import or sale of counterfeit goods
Legal action can be initiated before the District Courts or the High Court of Sri Lanka.
The ® point deserves emphasis. Marking a mark as registered before registration is granted is an offence, not merely a bad idea, and the practice is more common than it should be among businesses expanding from markets where it carries no penalty.
Frequently asked questions
Can I file a multi-class application in Sri Lanka? No. Only single-class applications are accepted, so each class requires its own application and fee.
Can I file online? Not currently. Filings are made on paper at the Colombo office.
How long does registration last? Ten years from the filing date, renewable in ten-year terms.
Do I need to prove use in Sri Lanka? Yes, at the second renewal. This is a real requirement and should be planned for rather than discovered.
How long is the opposition period? Three months from publication, extendable by two months.
Can I claim priority from an earlier application? Yes, if you are from a WTO member or Paris Convention country. File the certified priority document within three months of the Sri Lankan filing.
Useful official resources
- National Intellectual Property Office of Sri Lanka
- WIPO Lex — Sri Lanka
- TMClass — goods and services terminology
We handle Sri Lankan filings and prosecution as part of our subcontinent practice. Talk to us.