Trademark registration in Sri Lanka gives the owner exclusive rights to use, assign and license the trademark. If there is any infringement of the registered trademark, the owner can take both civil and criminal action. Thus, to avail such benefits, it is recommended to register a mark as a mark as a trade or service mark. To register a trademark, the applicant must file an application at the National Intellectual Property Office (NIPO).
How to register a trademark in Sri Lanka
The applicant should file an application through Form M1. After the application is submitted, the mark is examined under section 103 and 104 of the Intellectual Property Act No: 36, 2003 for admissibility. If the application is refused, the applicant can submit a reply against the decision or request a hearing within 1 month from the date of refusal. If it is still refused the decision can be challenged in the Commercial High Court of Colombo. On acceptance of the mark, it is published in the official gazette. After publication, a period of 3 months is given to the public to file for opposition. If anyone files for opposition, an enquiry will be conducted. Thereafter, the mark will either be registered or refused. In case of refusal of registration, the applicant the challenge the decision in court. If it is accepted, the trademark is registered upon payment of the registration fee. A certificate of registration is given to the applicant upon registration of the trademark.
Trademark renewal
A trademark registration in Sri Lanka is valid for a period of 10 years from the date of application. A trademark can be renewed for a further period of 10 years on the payment of the requisite fees.
International protection of trademark
Trademarks registered in Sri Lanka are only valid in Sri Lanka. If an applicant wants to register their trademark in other countries, then a separate application should be filed in each such country. Since, Sri Lanka is not a member of the Madrid Protocol, a single application cannot be made. Madrid Protocol has 114 member states and when Sri Lanka becomes a member, the trademark will be protected in all those countries.
