Trademark registration, handled right

A trademark protects your brand name, logo, symbol or combined mark and grants exclusive rights to use it in Sri Lanka.

• Exclusive legal protection
• Prevention of brand misuse and infringement
• Increased business valuation
• Market exclusivity
• Stronger investor confidence
• Legal enforcement rights
• Licensing and assignment capability

The Intellectual Property Act No. 36 of 2003 governs trademark registration, enforcement, opposition, and cancellation.

No. A search is not mandatory, but it is strongly recommended to assess refusal and opposition risk.

Yes. NIPO now provides public online access to trademark records through a WIPO-hosted search portal. However, this is a search facility only. Full online trademark filing is not yet available, and professional clearance searches remain advisable.

Sri Lanka uses the Nice Classification. Each application must be filed per class.

Yes, but separate applications are required for each Nice class.

Yes. In practice, NIPO does consider well-known and foreign marks, including those visible in WIPO databases, when assessing similarity and likelihood of confusion.

Basic applicant details, mark representation, class specification, and a Letter of Authority / Power of Attorney appointing a local agent.

A director or authorised signatory. A scanned copy is accepted, though originals are often preferred.

No. Use is not required to file or register a trademark in Sri Lanka.

NIPO conducts formalities examination and substantive examination for distinctiveness and similarity.

Refusals are issued by reference to statutory sections, commonly Sections 103 and 104 of the Act (absolute and relative grounds).

Yes. Refusal notices usually list earlier Sri Lankan trademark numbers considered confusingly similar.

Yes. The applicant may file written submissions and/or request a hearing within one month, subject to extensions.

Yes. Accepted marks are published in the Gazette and subject to a three-month opposition period.

If uncontested, approximately 18–36 months. Refusals or oppositions may extend timelines.

10 years from the filing date, renewable indefinitely for further 10-year periods.

Yes. Under the Act, a trademark may be cancelled if not used for a continuous period of five years, immediately preceding a court application for removal, unless valid reasons for non-use are shown.

No. Sri Lanka is not currently a member of the Madrid System. This means you cannot yet file a Madrid international application that designates Sri Lanka through WIPO; national filing at NIPO is required.

Yes. Sri Lanka has taken steps toward accession, including government approval and draft legislation to amend the IP Act. However, no official implementation date has been announced.

No. Until accession, direct national filing through NIPO is required

™ may be used for unregistered marks. ® may only be used after registration.

No. Company registration does not confer trademark rights. A separate trademark application is required.

Yes. Trademark owners may file an Application for Action with Sri Lanka Customs requesting monitoring of imports and exports for suspected counterfeit goods. We assist clients in preparing and lodging these applications with the Customs authorities.

Once registered, the details of the trademark and the rights holder are circulated within the Customs Department, enabling officers to identify and intercept suspected counterfeit shipments.