Rights Provided by Trademark Registration
How long “Trademark Registration” Stays
What Can You Register on Trademark?
What type of business companies are allowed for trademark registration in Sri Lanka?
Things You Need for Trademark Application
Trademark Registration Process in Sri Lanka
Advantage of Registering Trademark
Sri Lanka’s Trademark Registration fees
Conclusion
Trademark is nothing but a sign or logo. This is the type of sign that is capable of distinguishing the goods or services of a business enterprise from those of another business enterprise. For protecting the brand, you need to register your trademark. If you don’t register your business trademark others may copy your brand name and use it as their brand name. Trademark can be registered by filing an application and paying the required fees to the regional trademark office. However, for registering an international trademark is different than local. For registering an international trademark, you need to register within each county where you are going to build your business. Here in this article, I will discuss the entire registration process of the trademark in Sri Lanka.
Rights Provided by Trademark Registration
In fact, trademark registration grants the exclusive right to use a registered trademark. This means that the trademark can only be used by the holder or may be licensed for another party for using it on a paid deal. Registration provides legal certainty and strengthens the position of the right holder, for example, in the case of litigation.
How long “Trademark Registration” Stays
The registration of the trademark may change, but usually, it stays for ten years. By paying extra charges it can be renewed indefinitely. The trademark rights are private and are protected by a court order.
What Can You Register on Trademark?
Below is a list of category/marks that can be registered as a trademark through the appropriate application process. If you are not sure what your trademark should be, these are some examples of the characters that you can follow.
- Invented Words: It is always better to use invented words as a trademark or brand name. Famous companies like Reebok and ADIDAS has no meaning in the world dictionary, but yet it works as a recognized trademark. The use of made-up words increases protection for the created trademark and does has lower possibilities of objection.
- Signatures and Logos: Your trademark may be in the form of your signature or company logo. If your signature or logo represents a brand, that it can be registered as a trademark.
- Slogan: Slogans are usually a phrase that is used to send a certain message. Well, these slogans which are usually said to be a part of an advertising strategy. The slogan can be registered as a trademark, only if it is unique.
What type of business companies are allowed for trademark registration in Sri Lanka?
There is no limitation on business companies over trademark registration in Sri Lanka. Most of the company are legalize to register as a trademark. Starting from a corporate association, partnership companies to an unincorporated association. The registration of this trademark valid for 10 years from the date of application. registration date. It is can be renewed again with payment for another 10 years.
Things You Need for Trademark Application
In this section, I am my going to enlist the complete set of documents that need to complete the trademark registration process.
- Submit the applicant’s name, address and description.
- Power of Attorney i.e. appoint letter
- A full list of goods and services
- 6 printed copies of the logo or symbol including electronic template of the logo or signature. Do not forget that the size should not be more than 10 cm x 10 cm. If a business company is selling household or other useable products then it is always better to provide significant labels, tags, packaging material and containers as their trademark.
- If you request a priority, make a certified copy of the application for the convention.
- If your mark or logo is not in English, you need to submit English translation of the logo or signature.
Trademark Registration Process in Sri Lanka
Once you complete and prepared all the necessary papers, now you can go for the registration process. The process of trademark registration follows: -Conducting the IP search (This is Optional)
- Submitting the IP application
- Issue of Filing Number, by IPO.
- Line up for Examination stage
- Examination of mark (logo, signature)
- The papers are send to the translation department (if it need translation)
- The articles sent to the newspapers and publicly available
- Objection period of at least 3 months
- Certificate issued, if there are no problems with the documents.
Advantage of Registering Trademark
There are many benefits for registering a trademark. Some of the advantages of registering a trademark are highlighted below:
- Securing exclusivity: Registering your business trademark is a way to ensure legal exclusivity for the use of your logo or mark. By registering your trademark, you will protect your business logo or marks from using by other traders.
- Geographical Coverage: Registering trademark will provide protection at both international level and national level. Trademark gives you good platforms internationally for getting rights in other countries.
- Licensing: The registered “Trade Mark” can be licensed. The trademark register can record the trademark license, giving the licensee the right to initiate legal proceedings in any event of an infringement.
Sri Lanka’s Trademark Registration fees
Services | Fees in USD |
Pre filling charge | |
Per class | $140 |
The pre filling charge is not mandatory The pre filling search is only limited to the NIPO’s database only Pre filling search report is delivered within 15 working days | |
Request For Trade Mark Registration | |
Per additional class | $590 |
First class | $650 |
The above fees cover official filling fees and service fees Fees above covers maximum of 20 times for registration with in company. Extra fees of $10 is added for each additional items | |
Final Certificate | |
Per additional class | $200 |
Total Registration cost are estimated to be | $1580 |
Conclusion
This article gives you a comprehensive overview of trademark registration in Sri Lanka. It also discussed the entire process of trademark registration system of Sri Lanka. Lastly, there are significant financial incentives for registering your trademark. Trademark is a cash-generating asset. Trademark is said to be one of the important assets of any business or company. You can know about doing business in Sri Lanka.