Registration Of A Trademark In Sri Lanka

Legal News & Analysis - Asia Pacific - Sri Lanka - Intellectual Property

14 November, 2019

 

The Intellectual Property Act No. 36 of 2003 governs the registration of a trademark/ logo in Sri Lanka. 

The Nice Classification of Goods and Services, established by the Nice Agreement, (1957), provides for the International Certification of goods and services. All trademarks are registered within this classification system, based on the nature of the goods and services the mark protects. The search for the mark is carried out within the class in which it is proposed to be registered.

 

The examination as to form (Formalities Examination) and substance (Substantive Examination) will be carried out to determine if the mark complies with formal and substantive requirements and is thus admissible for registration.

If the registry is satisfied that the mark/ device satisfies the general criteria, the representations of the mark are published in the government gazette, and the Registrar allows a period of three months for any objections with regard to the mark/device from the date of publication.

If no objections are filed within the stipulated time period the Certificate of Registration is issued, stating that the mark/ device is registered effective from the date of the application and the process stands completed.

Please note that in the event objections are filed against the registration of the mark, the client will have to decide whether to challenge such objections and pursue the registration of the mark. In this instance the applicable fees will increase and it may be necessary to retain a Counsel to assist in the matter.

The general period applicable for the registration of a mark where no objections are received is approximately 1 to 4 years.

A registered mark is valid for a period of 10 years, such registration being renewable, within a period of 6 months from the date of expiry, for a further period of 10 years.

 

  1. The first step towards the registration of a trademark is to carry out a search at the National Intellectual Property Office to determine if there are any similar marks, to the mark in question, already registered or pending registration.

 

  1. The next step would be to register the mark. In order to do this, an application to register a trademark is submitted together with two copies of the representation of the mark in the size of 10cm x 10cm and the application fee.

 

Documents Required

 

  1. A letter of authority appointing our firm as an agent to act on your behalf. The letter of authority in the case of a company must be signed by two Directors and in case of an Authorized Signatory the documentation depicting the said authority must be submitted. (format attached).
  2. An image of your trademark within the maximum size of 10cm x 10cm.

 

D.L.&F. De Saram

 

For further information, please contact:

 

Savantha De Saram, Partner, D.L.&F. De Saram.

savantha@desaram.com