Guide to register trademark in Sri Lanka

Trademark grows significantly in Sri Lanka, with its natural beauty, diverse culture, and unique products. Sri Lanka is a country famous for many products in the food and beverage sector. Sri Lanka is famous for its high-quality Ceylon tea, which has a characteristic flavor. Tea branding can take advantage of this to reach the international market. Spices such as cinnamon, cloves, and black pepper are also typical products of Sri Lanka, which can be processed into high-end spice products. With its tropical climate, Sri Lanka has the potential to develop the wine industry, especially tropical fruit wines. The trend towards vegetarian and organic food consumption is increasing, and Sri Lanka can take advantage of organic agriculture to develop these products. In the tourism sector, Sri Lanka has many unique cultural heritages, such as ancient temples, ancient cities, and rainforests. Building a travel brand based on these cultural factors will attract tourists. Beautiful beaches, luxury hotels, and high-class spas facilitate the development of resort tourism. In the field of handicraft manufacturing, Sri Lanka has a long tradition of handicrafts, with products such as pottery, silverware, and wood-based products, traditional Sri Lankan textile products, such as batik and silk, which are also high-value products. Sri Lanka is famous for gemstones such as sapphires, rubies, and emeralds. Branding gemstones and jewelry will help enhance the value of these products in the international market. With the above advantages, more and more individuals and organizations want to register a trademark in Sri Lanka, Viet An Law would like to guide customers through the article below.

Legal Basis

• Intellectual Property Law, No. 36 of 2003

Definition of Trademark in Sri Lanka

A trademark is a visual identification mark, used to distinguish goods or services of different businesses. Trademarks are for physical products, while service marks are used for services. In addition, there are two other special types of trademarks:

• Certification trademark: Issued to a body certifying the quality, origin, or production method of goods or services.
• Collective trademark: It is a common sign of many businesses, which distinguishes the goods or services of one group from others, under the management of a common organization.

Conditions for registering a trademark in Sri Lanka

A trademark can be any identifying mark, including words, images, symbols, letters, numbers, or a combination thereof. It can be a proper name, a surname, a landmark, or simply a special color or shape. The most important thing is that the trademark must be distinctive enough that consumers can easily distinguish the applicant’s product or service from other competitors.

Benefits of registering for trademark protection

Trademarks play an important role in:

• Differentiation: Helping consumers easily identify and distinguish the products and services of the applicant from competitors.
• Identify the origin: Clearly indicate where the product or service comes from, of which company.
• Creating an image: Contributing to building a separate image and brand for the business.
• Attract customers: Help businesses reach and attract target customers.
• Purchase Decision Support: Provides the necessary information for consumers to make the right choice.

Trademark registration is extremely important. When registering a trademark, the applicant will be exclusively protected by law for his trademark. This means:

• Exclusive Use Rights: Only the applicant has the right to use the trademark.
• Assignment Rights: The applicant is free to sell or transfer the right to use the trademark to others.
• Licensing Rights: The applicant can allow others to use his trademark under the agreement.
• Legal Protection: If someone illegally uses the applicant’s trademark, the applicant can sue them in court to claim damages and ask them to stop the infringement.

Guide to prepare trademark registration dossiers in Sri Lanka

• Trademark registration application (Customers can refer to the form M01 via the link below): https://www.nipo.gov.lk/web/index.php?option=com_content&view=article&id=39&Itemid=158&lang=en#trademarks
  • Name and address of the applicant (individual or business)
  • Brand type (word, logo, image, etc.)
  • A detailed description of the trademark (meaning, color, typography, etc.)
  • List of goods or services according to the Nice classification system
  • Application Fee
• Trademark Templates: Two clear and easily visible copies of the trademark printed on a white background. If the trademark is colorful, a clear note should be made.
• Identification documents:
  • A copy of the applicant’s identity card or passport (if it is an individual).
  • Business registration certificate or business license (if it is an enterprise).
• Power of attorney (if applicable): If the applicant hires an attorney or legal representative to file the application, a valid power of attorney is required.
• Additional documents (if any): If the trademark has special elements, the applicant needs to provide explanatory or illustrative documents. For example, if the trademark is a complex logo, the applicant can provide technical drawings.
• Fee payment receipt

Some Trademark Registration Fees in Sri Lanka

Guide to file a trademark registration dossier in Sri Lanka

To file a trademark protection application in Sri Lanka, you can file by the following filing methods:

• Direct Submission: Clients can go directly to the National Intellectual Property Office of Sri Lanka at 3rd floor “Samagam Medura” 400, D.R. Wijewardena Mawatha Colombo 10 to submit the application and related documents.
• By Post: You can send the application form and all necessary documents through the postal service or courier service to the address of the National Intellectual Property Office of Sri Lanka at 3rd floor “Samagam Medura” 400, D.R. Wijewardena Mawatha Colombo 10.

If you wish to file a trademark application, trademark renewal in Sri Lanka, please contact Viet An Law for the most effective support.