Frequently Asked Questions (FAQs) regarding Registration of Trademarks in Sri Lanka
- What is the NICE Classification (NCL)?
NCL is an international classification of goods and services for the purposes of the registration of trademarks.
- Where can I find a list of NICE Classes?
http://www.cmathew.com/intellectual-property/trademarks/333-trademark-classes
- Which edition of NICE Classification (NCL) use in Sri Lanka?
Ninth Edition of NCL uses in Sri Lanka.
- Dose multi-class applications allowed?
Multi-class Trademark applications are not allowed. You need to make separate applications for each class.
- Who can register a trademark in Sri Lanka?
Any party can register a mark if that party is authorized do so.
- Can an IP Agent register a trademark for me?
Yes. After obtaining a Power of Attorney from you, IP Agent can register trademarks on behalf of you.
- Do I need a notarial executed Power of Attorney?
No. Notarial executed Power of Attorney is not necessary.
- Do I need to legalize Power of Attorney?
No. Legalization of Power of Attorney is not necessary.
- What is POA?
POA means Power of Attorney in informal language.
- Can I send my Power of Attorney through email?
Yes. You can send your Power of Attorney through email, a scanned copy of the Power of Attorney is sufficient.
- What are the documents I need to register a trademark?
- Duly authorized Power of Attorney (no need of notarial execution or legalization)
- A request for the trademark registration
- The applicant’s name and address and a postal address in Sri Lanka
- Five copies of a representation of the mark
- Clear and complete list of goods and services provide under the registration of the mark stating specific class or classes of the said mark according to NICE Classification (NCL).
- Can foreign trademarks register in Sri Lanka?
Yes. International treaties allow you to register foreign trademarks in Sri Lanka.
- What I need to do to register a foreign trademark in Sri Lanka?
You need to submit a trademark application in National Intellectual Property Office of Sri Lanka.
- How long a trademark is valid?
Trademark is valid timelessly. However trademark registration is only valid for 10 years, therefore, you need to duly renew a trademark every 10 years.
- When can I renew a trademark?
You can renew a trademark six months prior to expiration date which lapse every 10 years.
- How long do I get to renew the registration of a trademark?
You will get six months after the expiration date to renew a trademark to renew a trademark.
- Can you cancel a trademark once it is registered?
Yes, you can cancel a trademark.
- Can I change, alter or add to trademark after the registration is completed?
Yes, you can. After the registration the registered owner of trademark may apply to the Director-General for leave to add to or alter such mark in any manner not substantially affecting the identity of the same.
If Director-General may think fit then the leave be granted, the altered mark wall be published in the Government Gazette.
- Can I sell my trademark after the registration?
Yes, you have the exclusive right to sell your trademark.
- What protection you get from registering a foreign trademark?
You get the exclusive right to use, sell and do business using that trademark.
- What if a party uses my trademark without my authority?
Only you have the exclusive right to use your trademark, if a party uses your trademark without your consent, then you can seek legal remedies including claiming damages from that party.
- Why register a trademark?
- Registration of trademark enables you to file action before courts and seek legal protection and to claim damages.
- You get the exclusive right to use, sell and do business using that trademark.
- Registered mark is an investment and an effective Marketing tool.
- Registered trademark is your intellectual property.
- What constitute a mark?
A mark may consist in particular, of arbitrary or fanciful designations, names, pseudonyms, geographical names, slogans, devices, reliefs, letters, numbers, labels, envelopes, emblems, prints, stamps, seals, vignettes, selvedges, borders and edgings, combinations or arrangements of colours and shapes of goods or containers.
- What happen if you make an error in the trademark application?
When you make an error or errors in the trademark application, you will be called for corrections. After corrections, Application may be refused, if accepted then it will proceed to the next stage of the registration process.
- What happen after the Gazzette Publication of my mark?
After the publication three months will be given for any party to object to your mark.
- What happen if my mark is refused?
When your mark is refused then a hearing will be given and you must make submissions against the refusal within one month of such refusal
- What can I do if my mark is refused after the hearing?
You can challenge National Intellectual Property Office’s (NIPO) decision in Courts.
- In which Court can I challenge if National Intellectual Property Office’s (NIPO) decision?
Commercial High Court has the jurisdiction to hear trademark cases.
