The legal basis of intellectual property protection in Sri Lanka is the Intellectual Property Act no. 36 of 2003 as amended.
Sri Lanka is not a member of the Madrid Agreement or Protocol.
Trademark protection is obtained by registration. Protection is afforded to well known marks in Sri Lanka under certain conditions.
Nice classification, 10th edition
A mark may consist of a word, a symbol, a device, letters, numerals, a name, surname or geographical name, a combination or arrangement of colors and shapes of goods or containers etc. The visible sign must always be capable of distinguishing the goods or services of different enterprises (it must be distinctive).
There is no express provision in the Act providing for the registration of pure sound marks (audible only) and pure smell marks.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.
The application is filed at the National Intellectual Property Office of Sri Lanka (NIPO).
Multiple-class applications are not possible.
Foreign applicants do need a local agent.
Where the application is filed through an agent, it shall be accompanied by an appointment of agent document granted to such agent by the applicant. In practice, the National Intellectual Property Office will not accept an application for registration from a foreign entity without an appointment of agent form.
Foreign applicants do not need a registration in the home country of the foreign applicant.
The application process includes a formal examination, an examination of distinctiveness and a search for prior similar marks
The processing time from first filing to registration is approx. 4 years (dependent on the class).
Before registration, the trademark is published in a Government Gazette.
National:
The opposition period is 3 months from the date of publication of the application in the Government Gazette.
A trademark registration is valid for 10 years from the filing date of the application. The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for trademark application is SLR 3,967.50. The official fee for publication depends on the size the advertisement; SLR 1,500 to SLR 8,000. The official fee for registration is SLR 1,322.50.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
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49.00 EUR. A PDF-Download will be sent to you electronically.
Jun 16, 2023
John Wilson Partners, Colombo, Sri Lanka