Trademarks Law in Sri Lanka
Trademark law in Sri Lanka is governed by the Intellectual Property Act, No. 36 of 2003, which provides the legal framework for the registration, protection, and enforcement of trademarks in the country.
📄 Trademark Registration Process
Application Filing
Applications are submitted to the National Intellectual Property Office (NIPO) of Sri Lanka.
The application must include a clear representation of the trademark and a list of goods/services classified according to the Nice Classification.
Both local and foreign applicants can apply; foreign applicants usually need a local agent.
Examination
NIPO conducts a formal and substantive examination to verify the mark's registrability and check for conflicts.
Publication
Accepted applications are published in the Government Gazette for opposition purposes.
Third parties have a 2-month period from publication to file oppositions.
Opposition
Oppositions can be filed on grounds such as likelihood of confusion or lack of distinctiveness.
Registration
If there is no opposition or opposition is dismissed, the trademark is registered, and a certificate is issued.
⏳ Duration and Renewal
Initial Term: 10 years from the date of filing.
Renewal: Registrations can be renewed indefinitely for successive 10-year terms.
Grace Period: A grace period is typically allowed for late renewal with additional fees.
⚖️ Use Requirement and Cancellation
Trademarks can be cancelled for non-use if they have not been genuinely used for 3 consecutive years after registration.
Cancellation can be requested by interested third parties.
🌍 International Treaties
Sri Lanka is a member of the Paris Convention and the TRIPS Agreement.
However, Sri Lanka is not a member of the Madrid Protocol, so international registrations under Madrid do not extend to Sri Lanka automatically.
🛡️ Enforcement and Remedies
Trademark owners may enforce their rights through civil courts and seek remedies including:
Injunctions
Damages
Accounts of profits
Seizure of counterfeit goods
✅ Summary
Sri Lanka’s trademark system is governed by the Intellectual Property Act No. 36 of 2003.
Registration is done via NIPO, with a 10-year term renewable indefinitely.
Use requirements and cancellation for non-use apply.
Sri Lanka participates in key international treaties but is not part of the Madrid Protocol.
RELATED Blog
0 comments