Trademarks: Sri Lanka

General Information

International Agreements : Paris Convention, The Madrid Agreement for the repression of false or deceptive indication of source on goods, WIPO, TRIPS & Trademark Law Treaty.

Classification : Nice Classification (7th Edition) Classes 1-42 – Single Class Filing.

Priority under Paris Convention : Yes

Examination  : Yes - The Registrar examines whether the application meets the requirements of registrability. It generally takes about 1 – 1 ½ years for the Registry to issue the examination report.  

Publication : Yes – in the Official Gazette
Opposition : Yes – within 3 months as of publication date (extendible for another 3 months).

Time Frame for Registration : 3-4 Years
Registration Term : 10 Years from filing date
Renewal Term  : 10 Years
Grace Period for Renewals  : 6 months as of expiration date
Use Requirement for filing   : None

Cancellation : Yes – if the trademark was not used for a period of 5 consecutive years as of application date.

Marking Requirements : None

Assignments - Must Assignments be recorded ?   No
Can pending applications be Assigned ?   Yes

Licenses - Must Licenses be recorded ?   No
Can pending application be Licensed ?  No – only registered marks can be Licensed

 

Filing Requirements

Trademark/Service Mark Requirements

  1. Authorization of Agent form
  2. Name, address and description of applicant
  3. The goods in accordance with international classification of goods
  4. 12 specimens of the mark. Please note that the specimen should not exceed 6" x 6” in size
  5. If priority is claimed, a certified copy of the convention application
  6. Precise derivation of the mark and if the mark is not in English a certified translation thereof.

Renewal of Trademark/Service Mark Requirements

  1. Authorization of Agent form.
  2. Full name, address, Trademark & the class.

Assignment Recordal Requirements

  1. Copy of the Deed of Assignment signed by both parties (a certified copy of same would suffice in the absence of the Original.
  2. Duly executed Power of Attorney (signed by the Assignee).
  3. Full name, address and description of the assignee.
  4. Trademark Application Number (if registration has not been effected) or Registration No. (if registration has been effected).
  5. If a mark to be assigned has associated marks, please note that all such associated marks should be similarly assigned.
  6. The list of goods/ services and the Class (this should be strictly in accordance with the words which appear in the application or registration).

License Recordal Requirements

  1. Power of Attorney.
  2. Either a copy of the License Agreement or a request in writing signed by or on behalf of the contracting parties

Change of Name/Address Requirements

  1. Power of Attorney executed under the new name and/or address.
  2. Certified copy of the Change of Name certificate
  3. Applicant’s name, address, Trademark, and class in respect of the application.

 

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