The current trademark regulations in Sri Lanka are mainly based on the Intellectual Property Law promulgated on November 12, 2003. The China National Intellectual Property Administration of Sri Lanka is responsible for managing trademark affairs, and the official languages are Sinhalese and Tamil. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Sri Lanka follows the principle of "application first".
Sri Lanka is a signatory to international intellectual property treaties such as the Paris Convention and the WIPO Convention, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through the "single country registration" method.
At present, Sri Lanka adopts the Nice Classification 11th edition of product and service descriptions and does not accept applications for multiple categories in one form. The elements that can be registered as trademarks in Sri Lanka include: text, name, graphics, color, letters, numbers, etc.
If the applicant does not reside in Sri Lanka, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, priority proof documents and corresponding English translations must be provided.
The main process for applying for registration of a trademark in Sri Lanka is: application acceptance examination announcement approval issuance. The application will be accepted within 1-2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. Three months from the announcement date is the objection period, during which any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. If everything goes smoothly, trademark registration in Sri Lanka takes about 4-5 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
The Sri Lankan trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within one year before the expiration date, with a grace period of six months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2. Malicious registration;
If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.