TRADEMARK APPLICATION FILING IN
Sri Lanka

The National Intellectual Property Office (NIPO) of Sri Lanka is the central authority for all matters related to intellectual property in the country. It manages and protects the nation’s IP system with the aim of building a market-oriented framework that supports innovation and productivity. Sri Lanka follows a first-to-file system for trademark registrations, meaning that the first person or business to file an application has the legal rights to the mark. All trademark registrations must comply with the provisions of the Intellectual Property Act No. 36 of 2003.

The trademark registration before the National Intellectual Property Office (NIPO) can be filed through offline mode.

Multi-class applications are not allowed by the National Intellectual Property Office (NIPO).

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• 5 Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Power of Attorney *;

*A signed POA is to be submitted;

• Certified priority document*;

*If priority is being claimed, a Certified Priority Document must be submitted within three months of filing.

The process of registering a trademark in Sri Lanka begins with the submission of the application before the National Intellectual Property Office (NIPO). Once the TM application is filed, it will be assigned a number, and the application undergoes a formal examination to ensure it meets all the required standards. Following this, the application is subjected to a substantive examination based on absolute grounds for refusal, where examiners assess the trademark's eligibility for registration. If any issues or discrepancies are identified during the evaluation, the NIPO will notify the applicant and provide an opportunity to present the arguments or schedule a hearing on the request of the applicant. If no issues are found, or once corrections are made, the application moves forward, and the trademark is then published in the Government Gazette, initiating a three-month opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favour of the applicant, the trademark is officially registered, and a registration certificate is issued.

Opposition proceedings start when an opponent files a notice of opposition along with the grounds for their objection. Once filed, the applicant receives this notice, and the National Intellectual Property Office (NIPO) reviews it to ensure it meets the necessary requirements. The applicant must then submit a reply to address the claims made. If either party requests it, a hearing may be scheduled. After considering all submissions and any hearing arguments, the NIPO will decide whether to accept or reject the trademark application.

A trademark registration in Sri Lanka is valid for a period of ten years. The trademark must be renewed twelve months before the end of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date with the required fee(s).

A registered trademark must be actively used within five years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party. 

Typically, the trademark registration process in Sri Lanka takes between eighteen to twenty-four months in straightforward cases.

Over the past year, Sri Lanka has shown impressive growth in the field of Intellectual Property Rights. According to WIPO’s 2023 statistics data, trademark filings in the country rose by 29%. Domestic filings went up by 27.5%, while international filings surged by 61.3%. In the South-Central Asia region, Sri Lanka now holds the 7th position. Overall, WIPO data from the national IP office shows a 17.3% increase in total trademark filings, reflecting the country’s strengthening IP landscape.