We provide trademark search and analysis services for clients seeking to protect their trademarks in Sri Lanka. All our trademark search reports are accompanied by an opinion that analyzes the possibility of registering the client’s trademark. Our systematic trademark search methodology and expertise in trademark law enable us to provide value-added Trademark search and analysis reports.
We provide specialized advisory services on trademark registration, searches, cancellations, oppositions, revocations and prosecution, and draft trademark-licensing agreements and assignments to meet our client’s global requirements.
Intellectual Property Act No. 36 of 2003
TRADEMARK REGISTRATION PROCEDURE
Step 1: Trademark Search
The first step in registering a trademark is to conduct a trademark search at the National Property Office to see whether any comparable marks to the target mark are already registered or are in the process of being registered.
International certification of goods and services is made possible by the Nice Classification of Goods and Services established by the Nice Agreement (1957). Based on the kind of goods and services the mark is registered to protect, all trademarks fall under this classification system. The class in which the effect is proposed to be registered is the area in which the search for the mark is conducted.
Step 2: Filling out the Application
The mark would then need to be registered. To achieve this, submit a trademark registration application along with two copies of the mark’s visual representation in the size of 10cm x 10cm and the required filing fee.
Step 3: Evaluation of formalities
The formalities and substantive examination will be conducted to ascertain if the mark conforms with the formal and substantive requirements and is permissible for registration.
Suppose the registration determines that the mark or device meets the general requirements. In that case, the mark representations are published in the official gazette, and the registrar gives three months from the date of publication for any objections concerning the mark or device.
A Certificate of Registration is issued, stating that the device is registered as of the application date and that the process is complete if no objections are made within the allotted time frame.
If objections are raised against the trademark’s registration, the client must decide whether to pursue trademark registration or contest the complaints. The applicable fees will rise, and hiring a lawyer to help might be essential.
In general, between one and four years are needed for a mark to be registered if there are no objections.
A registered trademark is valid for ten years, with the option to renew it for an additional ten years within six months of its expiration date.