If you have questions regarding how to file your Sri Lanka trademark registration application, we have the answers.
Here’s the FAQ you need to shed light on the entire trademark registration application process in Sri Lanka:
No, it’s not.
Yes, you can use your mark in Sri Lanka even if it’s unregistered. You can also get some measure of protection if your trademark is already well-known in Sri Lanka.
Still, registration is the surest way you can make sure you get exclusive rights to your own trademarks if you’re doing business in this country. It’s easier to enforce your rights to your trademarks through the civil and criminal courts when your trademark is already registered.
Sri Lanka uses the 9th edition of the Nice classification system. Keep in mind that you can’t submit multi-class applications.
You do need a local agent if you’re a foreign applicant. The agent submits the application to the National Intellectual Property Office of Sri Lanka (NIPO), and this application must come with the power of attorney you granted to your agent.
The NIPO website has a list of authorized agents who you can employ to undertake the application for your company. This list makes sure you get an agent who actually knows what they’re doing, so you don’t waste your time and money.
This will include checking your application formally (meaning you’ve complied with the paperwork requirements, a distinctiveness check, and a check for other marks in use that may be too similar to yours. All in all, the whole process from the first filing to receiving the registration takes about 4 years on average. Yes, it’s a very time-consuming process!
Once all the checks have been completed, the National Intellectual Property Office then publishes your trademark in a Government Gazette. Other businesses then have 3 months (starting from the publication date) to check that your brand name and logo aren’t in any way too similar to their own trademarks.
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