Trademark Registration

Welcome to our comprehensive guide on the trademark registration process in Sri Lanka. Navigating the trademark registration process in Sri Lanka involves various steps, including conducting a trademark search, filing the application, examinations, publication, objection period, registrations, renewals, assignments, change of names, Change of addresses , notarized relevant documents and potentially addressing refusals or oppositions. It’s important to seek the guidance of experienced Colombo trademark lawyers and law firms to ensure a smooth and successful registration process for your trademark in Sri Lanka.

If you’re looking to protect your intellectual property through trademark registration, understanding the process is crucial. Here’s a step-by-step breakdown of how to register a trademark in Sri Lanka, including important details and requirements.

  1. Preliminary Investigation: Our initial focus lies in an investigative phase, assessing the landscape of existing classifications. Certain administrative fees are involved in this process.
  2. Formulation of Trademark Application: Post-investigation, we compile a bundle of essential trademark details and paperwork for processing.
  3. Comprehensive Scrutiny: Our submitted trademark bundle is subject to stringent assessment by relevant authorities. This is a two-pronged check aimed at regulatory compliance and uniqueness determination.
  4. Receipt of Evaluation Result: We receive a formal outcome from the authorities regarding our application, guiding the next course of action in our process.
  5. Promotion-Related Expenditure: In case of a positive outcome, we manage the expenditure related to the public announcement of your new trademark. Costs vary based on specific elements.
  6. Public Review Window: Following the public announcement, a period is allotted for public to voice concerns or conflicts. This is a standard procedure to protect existing trademark rights.
  7. Finalization Procedure: Absence of opposition during the review window leads us to handle the final processing fee, paving the way to the final stages of the trademark journey.
  8. Certificate Acquisition: If all goes well, and we’ve navigated the process smoothly, you receive a formal certificate marking the registration of your trademark.
  9. Ongoing Trademark Management: Once the initial period expires, we handle the renewal process to ensure the continued validity of your trademark.

If the mark is refused or opposed, the following crucial steps may be applicable.

  1. Feedback on Refusal: If a trademark application is refused, the applicant has the ability to submit further documents or request a review. This process can be extended up to three times, allowing applicants to present supplementary evidence.
  2. Deliberation and Decision: If written documentation falls short, authorities might grant additional reviews or hearings. After these, a decision is made based on the information provided by the parties.
  3. Consequence of Opposition: When opposition arises post-publication, there are additional considerations.
  4. Filing of Opposition: Oppositions are filed within a designated timeframe after publication, and can be extended twice if needed. This includes submitting necessary documents.
  5. Applicant’s Response: The applicant can respond to the opposition by presenting their arguments and providing supporting documents. Extensions can be requested to provide these responses.
  6. Investigation Phase: An inquiry takes place to assess the opposition, and both parties may be asked to provide further information.
  7. Submission of Evidence: All parties are required to supply evidence through legal statements, which will help in clarifying their claims.
  8. Extended Investigation: Further inquiries might be needed to clarify any persisting conflicts or questions. These could include expert opinions or extra scrutiny of the evidence.
  9. Final Document Submission: Both parties have an opportunity to present their final arguments and summaries of the evidence, addressing any remaining concerns.
  10. Final Decision: After all submissions and inquiries, a final order is given by the authorities. This verdict will determine the fate of the trademark, either confirming its registration or denying it.
  11. Additional Considerations: There might be further steps to consider such as assigning the pending or registered marks, changing details of the application, or granting the right to use the mark to another entity. These require legal documentation and appropriate formalities

Trademark Registration Frequently Asked Questions

To be eligible for trademark registration, the mark must be distinctive, not descriptive of the goods or services, and not in conflict with existing registered trademarks. It should also not be deceptive, contrary to public policy, or prohibited by law.

The timeline for trademark registration in Sri Lanka can vary, but it typically takes around 8 to 12 months from the filing date to obtain a trademark registration, provided there are no objections or opposition.

The costs for trademark registration include filing fees, search fees, publication fees, and registration fees. The exact fee structure can be obtained from the National Intellectual Property Office (NIPO) or a qualified intellectual property professional.

Yes, conducting a trademark search is highly recommended before filing a trademark application. It helps identify potential conflicts with existing trademarks and minimizes the risk of objections or opposition during the registration process.

Patent Registration Frequently Asked Questions

The timeline for obtaining a patent in Sri Lanka can vary, but it typically takes around 8  months to 2 years from the filing date to obtain a grant of a patent, considering the examination process, potential objections, and any opposition.

The costs for patent registration include filing fees, examination fees, and publication fees. It's advisable to consult with the National Intellectual Property Office (NIPO) or a qualified intellectual property professional for specific fee details.

No, Sri Lanka follows the "absolute novelty" principle, meaning you should not disclose your invention before filing a patent application. Public disclosure prior to filing may jeopardise the novelty requirement and potentially render your invention unpatentable.

Our Legal Practice Areas

Car Accident

Quis autem velo eum iure suam nihil molestiae

Business Law

Quis autem velo eum iure suam nihil molestiae

Criminal Law

Quis autem velo eum iure suam nihil molestiae

Child Support

Quis autem velo eum iure suam nihil molestiae

Personal Injury

Quis autem velo eum iure suam nihil molestiae

Education Law

Quis autem velo eum iure suam nihil molestiae

Divorce Law

Quis autem velo eum iure suam nihil molestiae

Tax Law

Quis autem velo eum iure suam nihil molestiae