Sri Lank is a rapidly growing South Asian economy driven by tea, rubber, and tourism industries. The country also has significant industries in apparel, textiles, coconut products, gems, and a growing manufacturing sector. Protecting IP is crucial to foster innovation, attract investment, and combat counterfeiting in a market with increasing industrial activity but evolving IP enforcement. Our firm provides expert trademark and patent services to safeguard your

brands and inventions in Sri Lanka.

Trademarks

Trademark protection in Sri Lanka is governed by the Intellectual Property Act No. 36 of 2003. The National Intellectual Property Office (NIPO) administers the trademark system. Sri Lanka is a member of the Paris Convention and TRIPS Agreement, but not the Madrid Protocol, thus, requiring direct local filings.

Trademark Registration Process

Securing a trademark in Sri Lanka involves a structured process that ensures your mark is unique and legally protected. The key steps include:

1. Trademark Search: Conducting a trademark search prior to filing a trademark application is crucial in order to ensure the mark is not already in use or registered.

2. Filing the Application: Submit the trademark application to the NIPO, providing details such as the mark, the class of goods/services (based on the Nice Classification), and applicant information along with the requisite fee.

3. Examination: The NIPO examines the application to ensure it meets legal requirements, including distinctiveness and non-conflict with existing marks.

4. Publication: If the application passes examination, it is published in the Trademarks Journal, allowing third parties to oppose the registration within a period of three months.

5. Opposition Period: During the three-month opposition window, any party can challenge the registration if they believe it infringes on their rights.

6. Registration: If no opposition is filed or if any opposition is resolved in your favor, the trademark is registered, and a certificate is issued.

The entire process may take up to 4 years, depending on oppositions or delays. Our firm ensures a seamless registration experience.

Patents

Patent protection in Sri Lanka is also governed by the Intellectual Property Act No. 36 of 2003. Sri Lanka is a member of the Paris Convention, TRIPS Agreement and the Patent Cooperation Treaty (PCT).

● Patentable Subject Matter: Inventions that are novel, involve an inventive step, and are industrially applicable are patentable. Exclusions include discoveries, scientific theories, mathematical methods, and inventions contrary to public order or morality.

● Patent Types: The law covers utility patents and industrial designs.

● Duration: Patents are protected for 20 years from the filing date. The patent must be renewed annually from the expiration of the second year from the date of grant by paying a fee.

● Examination Process: NIPO conducts both formal and substantive examinations, though resource constraints may lead to delays. Substantive examination focuses on novelty, inventive step, and industrial applicability.

● International Considerations: PCT filings are common. Priority claims based on Paris Convention filings (within 12 months) are recognized, facilitating international applicants.

Contact Us

Ready to protect your IP in Sri Lanka? Contact us today for a consultation with our expert IP team. Let us help you secure your brand in this dynamic market.