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Trademark law in Sri Lanka is primarily governed by the Intellectual Property Act No. 36 of 2003. The Act provides comprehensive protection for trademarks, which are defined as any sign that can distinguish goods or services of one enterprise from those of another. Protection is granted for trademarks that are registered with the National Intellectual Property Office of Sri Lanka (NIPO), and it covers both visible signs like logos and names and non-visible signs in some cases. The protection allows the trademark owner exclusive rights to use the mark, preventing unauthorized usage by third parties.
There are several situations where seeking legal advice for trademarks may be beneficial:
Sri Lanka's trademark laws offer protection for registered marks and prescribe penalties for infringement. The Intellectual Property Act extends to the rebuffing of unfair competition and counterfeit issues. Critical aspects include:
A trademark can include words, logos, designs, or a combination that distinguishes an enterprise's goods or services from others.
You must file an application with the National Intellectual Property Office, including a representation of the trademark and a list of goods/services it covers.
The registration process can take several months to over a year, depending on workload and any opposition proceedings.
Sri Lanka is part of the Paris Convention, enabling priority claims and reciprocal rights, but an international registration against multiple jurisdictions isn’t directly available.
Consider sending a cease-and-desist letter, and if the infringement continues, you may need to initiate legal proceedings.
Fees vary based on the application complexity and number of classes; using a lawyer might introduce additional costs.
Yes, trademarks can be renewed indefinitely in ten-year periods from the initial registration date.
A trademark can become vulnerable to cancellation for non-use if not used for three consecutive years.
A party opposing a trademark can file an opposition within three months from publication, necessitating a legal response to address any claims.
Unregistered marks can gain protection under common law rights through extensive and continuous use, although statutory protection is limited.
For further assistance and information, consider reaching out to:
If you believe you need legal assistance with trademark matters, consider the following steps:
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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