Understanding different types of trademark applications in Sri Lanka
FILING A TRADEMARK APPLICATION IN SRI LANKA
Trademark filing and applications in India is regulated under the Intellectual Property Act, No. 36 of 2003. Trademark applications in Sri Lanka can be filed in two categories:
- Ordinary Applications
- Convention Application (claiming priority from a convention country)
Ordinary Trademark Applications in Sri Lanka:
Ordinary trademark applications filed in Sri Lanka are applications which are filed without claiming any priority. Multi class trademark applications cannot be filed in Sri Lanka, separate applications are to be filed for each class.
Priority / Convention Trademark Applications in Sri Lanka:
A priority trademark application should be filed in Sri Lanka within 6 months after the date on which the application was made in the convention country. A certified copy of the priority documents needs to be filed within 2 months from the date of filing of the conventional application in Sri Lanka.
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Sri Lanka within 6 months of after the date on which the application was made in the Convention Countries. The trademark shall, if registered under the Act, will be registered as of the date as which the application was made in the Convention Country and that date shall be deemed for the purpose of the Act to be the date of registration.
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