Understanding Trademark prosecution in Sri Lanka
TRADEMARK FILING PROCEDURE IN SRI LANKA
The procedure for filing a Trademark in Sri Lanka is as follows:
Filling a Trademark in Sri Lanka
A trademark application in Sri Lanka can be filed for a single class only. Multi class trademark applications cannot be filed in Sri Lanka. Application for a trademark or a Priority trademark application claiming priority from a convention country can also be filed in Sri Lanka within 6 months from the date on which trademark application was filed in the convention country.
Official Examination of a Trademark in Sri Lanka/Issuance of Office Action
After an application is filed the same is then examined by the Registrar with regard to the distinctiveness, possibility of deceptiveness and conflicting trademarks. If an objection to registration is raised, an official examination report will be issued by the Registrar depending on the back log at the registry.
The Registrar may accept or refuse the application subject to the provisions of the ordinance. A trademark application in Sri Lanka can be refused/ objected by the Registrar on the following grounds:
- A mark is similar/identical to an earlier trademark for the same or similar goods/services.
- A mark is similar/identical to an earlier trademark in respect of different goods/services.
The above categories of marks may however be registered if the proprietor of the earlier trademark consents or there has been an honest concurrent use of the later mark.
Further the objections raised by the Registrar with regard to an application, is forwarded to the applicant and the applicant has to file an appropriate reply with the supporting documents to the official objections within 30 days. The Registrar may accept the application on the basis of the reply and documents filed or may list the application for hearing.
When an application for registration of a trademark is accepted, the Registrar advertises it in the official Trademarks Journal, which is published and available on Registry’s website
Publication/Advertisement of a Trademark
After examination and upon acceptance of the response by the Registrar, the application is ordered for advertisement /publication in the Trademarks Journal. An application is advertised in the Trademarks Journal for a period of 3 months from the date of publication, so as to invite the public for filing opposition against the registration of the mark
Opposition of Published Trademark
On publication of the trademark in the Trademarks Journal, any person can oppose as to the registration of the said trademark by filing a notice of opposition within the prescribed period of 3 months from the date of publication of the mark.
Registration & Renewal of a Trademark in Sri Lanka
If no opposition is filed against the mark or where the opposition was filed and decided in favor of the applicant, then the same shall proceed towards registration. The mark is then registered for a period of 10 years from the date of filing of the application and registration certificate is issued. The trademark can be renewed from time to time for a period of ten years on payment of prescribed renewal fees. Each renewal term is for a period of 10 years.
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