Trade Marks

Trade & Service Mark Registration

According to the Sri Lankan Law –

A Trade Mark is a word, phrase, symbol or design, or combination thereof, which identifies and distinguishes the source of the goods or services of one party from those of others.
A Service Mark is closely related, to a trade Mark and serves to identify and distinguish the sources of services rather than products.

Certification Marks are used to certify that goods or services of others have certain characteristics.

Collective Marks are used to indicate membership in an organization or to indicate that goods or services are produced or authorized by an organization.

Registration under the Sri Lankan Intellectual Property Act No. 36 of 2003 grants Statutory Protection to Trade and Service Marks.

It must be emphasized that Prior User of the Mark in the Home Country or in Sri Lanka is not a pre-requisite for Registration.

Intellectual Property Associates will assist you to secure Trade and Service Mark rights in Sri Lanka.

Making the Application

An Application for registration of a Trade or Service Mark must be made to the Director-General of Intellectual Property in Colombo, in the Prescribed Form and must contain

1 A request for the registration of the mark.
2 The name, address and description of the Applicant, and if he is resident outside Sri Lanka a postal address for service in Sri Lanka.
3 Five copies of a representation of the mark.
4 The goods or services for which registration is sought under the International Classification.
5 The Prescribed Application fee
6 Where the Application is filed by an Agent it should be accompanied by a Power of Attorney. This document need not be Notorialized or Legalized.

The Procedure

All Applications are searched and examined in the order of filing by the National Intellectual Property Office (NIPO) for registrability. If acceptable the Application is published in the Government Gazette and left open for a period of three months for public scrutiny and third party Opposition if any. If opposed a hearing will be held at NIPO after the filing of Written Submissions and any available evidence and the fate of the Application would be then determined. If there is no such Opposition filed NIPO will proceed to register the Mark absolutely or subject to any conditions as the Hearings Officer shall deem fit.