Introduction:
In application to register a trademark in Sri Lanka can be filed at the trademarks office in Colombo. Online filing of trademark applications in Sri Lanka is not yet available.
The Sri Lanka trademark office follows the 9th edition of the NICE Classification and registration of marks are acceptable in classes 1 – 34 in respect of goods and classes 35 to 45 in respect of services. The Sri Lanka trademark office accepts only single class applications.
Members of the WTO and signatories to the Paris Convention for the Protection of Industrial Property, can file convention applications claiming priority in Sri Lanka. A certified copy of the priority document is necessary for claiming priority. The same can be filed within 3 months from the date of filing the application in Sri Lanka.
It is also possible to file an application of the trademark in Sri Lanka. However, for maintaining the registration in effect, evidence of use is required to be filed at the time of second renewal.
A trademark application filed in Sri Lanka is examined on absolute and relative grounds to determine whether it can be granted protection. The response to the objections should 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 accepts the application, it is sent for translation to local language and subsequently published in the trademarks journal and is open to opposition for a period of 3 months from the date of publication. This opposition period can be extended by another two months.
The registration of the trademark is valid for a period of 10 years from the date of filing or from the last renewal of registration, and is renewable every 10 years. An application for renewing a trademark registration can be filed at any time during the 6 months prior to the expiration of the registration/last renewal validity. Late renewal is also possible within 6 months from the date of publication of the non-renewal in the trademarks journal under the heading “Unpaid Renewal Fee.”
A cancellation petition on the grounds of non-use can be filed to remove a trademark from the register, if it has not been used in Sri Lanka for a period of 5 years from the date of registration.
Recording the assignment of trademarks with or without the goodwill of the business, change of name and/or address of the applicant/proprietor, registered user agreement and licenses of registered trademarks, are possible. Amendments to the registered trademark without substantially altering the identity of the mark or the specification of goods and services covered by the registration of the trademark is also possible.
Use of the ® symbol on unregistered trademark, manufacture, import or sale of counterfeit goods, are offences punishable under the law in Sri Lanka. Legal action can be initiated before the District Courts or High Court of Sri Lanka.
Fact Sheet:
| Application | |
|---|---|
| Priority application | Yes |
| Late submission of priority docs | 3 months |
| Multi Class application | No |
| Service marks | Yes |
| Classification of goods/services | Nice Classification - 9th Edition |
| Trademark in use | Not necessary. Can be filed on a proposed to be used basis. |
| Renewal | |
|---|---|
| Application for renewal | Can be filed 12 months prior to expiry date |
| Renewal with surcharge | within 6 months fom expiry date |
| Restoration with surcharge | No |
| Renewal Valid for | 10 years |
| Examination | |
|---|---|
| Absolute grounds | Yes |
| Relative grounds | Yes |
| Deadline to respond to examination report | 1 month + 3 months |
| Hearing before the examiner | Yes |
| Appeal against the examiner's order | Yes to IPAB |
| Publication in the trademarks journal | Yes |
| Publication fees | Yes |
| Open for opposition | 3 months + 3 months |
| Registration fee | Yes |
| Registration | 10 years from the date of application |
| Cancellation | |
|---|---|
| Cancellation for non use | Yes |
| Cancellation on Non Use grounds | 5 years preceeding the date of application for cancellation |
Requirements:
All information/documents are to be in English or a certified/notarized translated copy of the same in English in the form of an affidavit is required.
Required information:
- Name, address and the incorporation/nationality particulars of the applicant.
- The depiction of the trademark (word or label in jpg/png format). If the mark is a lable/logo then the same cannot exceed 10cm x 10cm in size.
- Description of goods/services.
- In case the mark is claiming colors/color combination, then a clear indication and /name(s) of the colors used.
- If the trademark is in any other language other than English then a translation/transliteration of the same in English with a sworn statement.
- In case priority is claimed, the priority application number, filing date and the priority country.
Required documents:
- Power of attorney in original. Notarization/legalization is not required. The POA should also be signed by two witnesses whose names and addresses should be given. Individual POA is necessary for each application. Applications cannot be filed without the POA.In case priority is claimed a certified copy of the priority document. The priority document can also be submitted within three months from the date of filing the application in Sri Lanka.
Required documents:
- Power of attorney in original. Notarization/legalization is not required. The POA can also be submitted on a later date after filing the application.
- Certified copy of the name change document in English or a verified translation of the same in English.
Required documents:
- Power of attorney in original. Notarization/legalization is not required. The POA can also be submitted on a later date after filing the application.
- Notarized copy of the assignment deed containing clear information about the Indian trademark application(s), valid consideration and mention of the transfer of goodwill or certified copy of the merger document in English or a verified translation of the same in English.
- An affidavit of no pending litigation and in support of the transmission of rights
- A statement of case of ownership change
Required documents:
Power of attorney in original. Notarization/legalization is not required. The POA can also be submitted on a later date after filing the application.
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