A trademark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound.
Trademarks in Sri Lanka are designated by the following symbols:
™ (for an unregistered trademark, that is, a mark used to promote or brand goods)
℠ (for an unregistered service mark, that is, a mark used to promote or brand services)
® (for a registered trademark)
The owner of a registered trademark may commence legal proceedings against trademark infringement of its mark.
Under the Intellectual Property Law of Sri Lanka, it is not mandatory to register a trademark. Unregistered trademarks can be protected against unauthorized use under the common law action for passing off.
|Relevant Office||National Intellectual Property Office of Sri Lanka (NIPO)|
|Law in Force||Intellectual Property Act No. 36 of 2003.|
|Nice Classification||Yes (Ninth Edition)|
|Multi – Class System||NO|
|Document(s) required for filing a trade mark application||Simply executed Power of Attorney (The aforementioned document can be filed at a later stage also)|
|Prosecution Process||FilingPublication of mark in the Trade Marks Journal Opposition period (three months from the publication date)Registration Renewal|
|Registration Term||10 years from the date of registration|
|Renewal Term||10 years from the date of previous registration|
|Cancellation Proceedings||If the trademark has not been used for a period of 5 years prior to an application being made to a Court for an order directing the removal of the trademark from the register of trademarks on the grounds of non- use, any person can apply to Court for such an order of removal of the trademark|
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