The following articles shall comprehensively guide to register trademark in Sri Lanka which the trademark applicant should note prior to officially filing Sri Lanka trademark.
| QUESTIONS | ANSWERS |
| What is trademark rights in SRI LANKA: first to file or first to use? | Sri Lanka is applying “first to file” principle. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal |
| What is advantage of trademark registration in SRI LANKA? | The trademark registration will recognize the ownership of the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark. |
| Definition of trademark in SRI LANKA (i.e. What can be a trademark in SRI LANKA)? | Marks may comprise: arbitrary or fanciful designations; names; pseudonyms; geographical names; slogans; devices; reliefs; letters; numbers; labels; envelopes; emblems; prints; stamps; seals; vignettes; selvedges; borders and edgings; combinations or arrangements of colours; shapes of goods or containers. |
| Do we need to conduct trademark search in SRI LANKA before officially filing trademark in SRI LANKA? and Why? | It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Sri Lanka |
| What international treaties SRI LANKA is a member? | Sri Lanka is the member of Paris Convention and TRIPS Agreement |
| When is opposition to trademark application in SRI LANKA? | Any parties have the right to file the opposition against an applied trademark in response to the publication of the trademark. |
| Do we need Proof of use for trademark in SRI LANKA? | Proof of use is not required for obtaining the protection of trademark. However, it is required to have Proof of use for defending the trademark against the non-use claim |
| What rights do owners of trademark have after getting trademark registration in SRI LANKA? | After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party. |
| What is term of trademark in SRI LANKA? | A trademark should be protected in Sri Lanka for ten years starting from the date of the its application |
| What is use requirement after trademark registration in SRI LANKA?
What actions could be considered as use of trademark in SRI LANKA?
Could we stop validity of trademark registration certificate based on non-use for a period of time?
How many years of non-use? |
The trademark is required to be used for five consecutive years immediately preceding the cancellation application has been filed. The amounts of goods/services bearing the trademark is not defined. |
| Is cancellation of trademark registration in SRI LANKA available?
What is the foundations for such cancellation? |
The cancellation of the registered trademark in Sri Lanka is available in case the protected trademark is confusingly similar with the well-known trademark, the registered trademark has not been used within five consecutive years after the registration date or the registered trademark is devoid of the distinctive character such as similar or identical with the earlier protected trademark. |
| What is required documents for renewal trademark in SRI LANKA?
Is grace period after renewal date allowed? |
The grace period is 06 months from the expire date of the trademark registration. The request for renewal of a trademark is required for renewing a trademark in Sri Lanka. |
| Is customs record of trademark registration available in SRI LANKA? | The trademark registration may be recorded on customs data but it is not automatically mechanism. The owner of Trademark must file the request to Customs authority of Sri Lanka for assistance with enforcement of trademarks. |