Sri Lanka Trademark Registration Process
Securing a trademark is a crucial step in safeguarding your brand identity and ensuring exclusive rights to your intellectual property. At Mahtta & Co., we streamline the trademark registration process in Sri Lanka, offering expert guidance every step of the way. Our team is committed to making your trademark journey seamless and efficient. Below, we provide a comprehensive breakdown of the process involved in registering a trademark in Sri Lanka.
01. INITIAL TRADEMARK SEARCH
Before proceeding with the application, conducting a trademark search is essential to determine the availability of your desired mark. Our professionals will perform an official trademark search, covering both word and device marks, to ensure that there are no existing trademarks that might cause potential conflicts. By conducting a thorough search, we help you avoid objections or oppositions that may arise during the registration process. This proactive approach minimizes risks and enhances the likelihood of a successful trademark registration.
02. PREPARING YOUR APPLICATION
Once the trademark search confirms the availability of your mark, the next step is preparing your application. To ensure accuracy and compliance with Sri Lankan trademark regulations, we require the following details from you:
- The name of the trademark, logo, or visual representation.
- Name, address, and nationality of the applicant.
- The applicant’s status (e.g., manufacturer, merchandiser, or service provider).
- The specification of goods or services and the relevant class.
- The usage status of the mark (whether it is in use or intended for use in Sri Lanka).
- A General or Specific Power of Attorney, if required.
Providing these details accurately ensures a smooth and efficient application process.
03. FILING YOUR APPLICATION
Once the application is prepared, it is officially submitted to the Colombo Trademark Office. Upon filing, you will receive an acknowledgment email containing a unique trademark application number. This number allows you to track the status of your application on the National Intellectual Property Office of Sri Lanka’s website.
It is important to note that once the trademark application is filed, modifications to the mark or the listed goods/services are not permitted. Therefore, it is essential to provide an accurate and detailed description of the goods and services associated with your trademark.
04. EXAMINATION
After submission, the Sri Lanka Trademark Registry examines the application to determine its registrability. The examination process assesses whether the proposed trademark is similar to or identical to any pre-existing registered marks. If the examiner identifies any conflicts or objections, an official examination report will be issued.
The Registrar may accept or reject the application based on the examination findings. Common reasons for objections include:
- The mark being identical or confusingly similar to an earlier registered trademark for the same or related goods/services.
- The mark resembling an earlier trademark for unrelated goods/services, potentially leading to confusion.
- If objections arise, the applicant has 30 days to respond with supporting documents. Based on the reply, the Registrar may approve the application or schedule a hearing for further deliberation.
05. JOURNAL PUBLICATION
Once the application clears the examination stage, it is published in the Trademarks Journal. The trademark remains published for three months, allowing any third party to oppose its registration. This phase provides an opportunity for the public to raise concerns or objections regarding the proposed trademark.
06. OPPOSITION OF THE MARK
During the three-month publication period, third parties can file an opposition against the trademark registration. Opposition must be filed based on the provisions outlined in Sections 103 and 104 of the Intellectual Property Act No. 36 of 2003. These sections specify the grounds on which a trademark may be deemed ineligible for registration or infringe upon existing third-party rights.
Once an opposition is filed, the applicant receives a copy of the notice and must submit a response within three months. Failure to respond may result in the application being abandoned. If necessary, the Registrar may request written evidence from both parties. If the dispute remains unresolved, a formal hearing is conducted.
After the hearing, the Registrar makes a final decision on whether to proceed with the registration or reject the application. In cases where the trademark is approved despite opposition, the opposing party has the right to appeal the decision.
07. REGISTRATION OF THE MARK
If no opposition is filed within the publication period, or if the opposition is resolved in favor of the applicant, the trademark proceeds to registration. Once registered, the applicant receives a trademark registration certificate, valid for ten years from the date of filing.
Upon successful registration, trademark owners can use the registered trademark symbol (®) to indicate legal protection and ownership of the mark.
08. TERM AND RENEWAL
Trademarks in Sri Lanka are initially registered for a period of ten years. To maintain protection, the trademark must be renewed periodically by paying the required renewal fees. Failure to renew the trademark on time may result in its removal from the registry. Each renewal extends the validity of the trademark for an additional ten years, ensuring continued protection of your brand identity.
Why Choose Mahtta & Co.?
At Mahtta & Co., we are committed to providing professional trademark registration services with efficiency and precision. Our team of experts assists clients throughout the entire process, from conducting initial searches to handling oppositions and renewals. By partnering with us, you can ensure that your brand receives the legal protection it deserves.
For expert guidance on trademark registration in Sri Lanka, contact us today and take the first step toward securing your brand’s identity!