The short answer
A trademark in Sri Lanka lasts 10 years, and the law treats the date the application is received as the date of registration, so the 10 years count from the filing date. Pay the renewal fee in the 12 months before expiry, with a 6-month grace period and a surcharge. Anyone can oppose within 3 months of publication. A mark can be removed by the Court for 5 years of non-use. Foreign applicants must give a postal address for service in Sri Lanka.
Trademark deadlines in Sri Lanka at a glance
These periods come from the Intellectual Property Act, No. 36 of 2003, English text published by the National Intellectual Property Office of Sri Lanka (NIPO). We re-check each deadline against the current law and NIPO practice before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the date of registration, renewable for consecutive periods of 10 years (sections 118 and 119). |
| Which date does the term count from? | The filing date. A mark is registered with reference to the date the Director-General receives the application, and that date is deemed to be the date of registration (section 118(2)). |
| When can I renew? | Pay the renewal fee within the 12 months before the expiry date (section 119(3)). |
| Is there a grace period? | Yes. 6 months after expiry, on payment of a surcharge (section 119(3)). |
| What if I miss it? | The Director-General removes the mark from the register (section 119(5)). |
| Is the renewal examined or opposed? | No. Renewal is not subject to further examination or opposition (section 119(2)). |
| Opposition period | 3 months from the date of publication of the application, by notice in the prescribed form with evidence (section 111(10)). |
| Priority claim | Within 6 months of the earlier application in a Convention country, with a certified copy within 3 months of the Sri Lankan filing (section 107). |
| Non-use removal | Court may remove a mark not used in Sri Lanka for 5 consecutive years before the application, without valid grounds (section 136(1)(a)). |
| Assignment | Has no effect against third parties unless recorded in the register (section 123(5)). |
| Fixing a defect in the application | The Director-General notifies the defect and gives time to correct it (section 110). |
Who can register a trademark in Sri Lanka
Any person or company can apply. The application must give the applicant's name and address and, if the applicant is resident outside Sri Lanka, a postal address for service in Sri Lanka (section 106(1)(b)). If an agent files, a power of attorney is required (section 106(2)).
Agent and address for service. Foreign owners normally use a Sri Lankan registered agent. An agent registered under the Act must be a Sri Lankan citizen resident in Sri Lanka, such as an Attorney-at-Law (section 175).
Trademark registration process in Sri Lanka
Search
- Search the NIPO register for identical or similar marks in your classes.
- Check the grounds for refusal in sections 103 and 104.
File the application
- Give the mark (five copies of the representation), the goods or services and the class, and an address for service in Sri Lanka.
- Claim priority within 6 months of an earlier Convention-country filing.
Examination
- The application is examined as to form and substance. A defect is notified and time is given to fix it.
Publication and opposition
- Accepted applications are published.
- Anyone can oppose within 3 months. The applicant has 3 months to answer the grounds.
Registration
- If there is no opposition, or it fails, the mark is registered and the certificate is issued.
Official fees change. We confirm the current NIPO fee schedule for your classes before we quote, so the figure you see is the one that applies on the day.
Sri Lanka trademark validity and renewal
- The registration expires 10 years after the date of registration, and that date is the filing date.
- Pay the renewal fee in the 12 months before expiry.
- A 6-month grace period follows, with a surcharge.
- If the fee is not paid in time, the mark is removed from the register.
- Renewal is not examined and cannot be opposed.
Count from the filing date, not from the date the certificate was issued. If registration takes more than a year, you have correspondingly fewer years of protection left.
Assignment, licence and changes to a Sri Lankan trademark
Assignment
Transfer of a mark
A mark can be assigned in writing, with or without the business, for all or some of the goods or services (section 123(1)). It is invalid if it misleads the public (section 123(2)).
Recordal
Effect against third parties
Apply to record the assignment and pay the fee. Until it is recorded it has no effect against third parties (section 123(5)).
Licence
Licence contract
A licence contract must be in writing signed by the parties, and the Director-General records it on a written request and fee (section 125).
Alteration
Changing the mark
The owner can apply to add to or alter the mark in a way that does not substantially affect its identity (section 120).
Removal and non-use of a Sri Lankan trademark
The Court can remove a mark on the application of a person with a legitimate interest if the owner, without valid grounds, did not use it in Sri Lanka, or through a licensee, for 5 consecutive years immediately before the application. The Court can also remove a mark that has become a generic name (section 136(1)). Lack of funds is not a valid reason for non-use (section 136(2)).
Keep dated proof of use in Sri Lanka, such as invoices, packaging and advertising. Use through a licensee counts as the owner's use.
How to check a trademark in Sri Lanka
Anyone can examine the register and obtain certified extracts on payment of the prescribed fee. Registrations and renewals are published in the Gazette. Use the NIPO search tools and the Gazette dates to follow the opposition and renewal clocks.
Sources used
- Intellectual Property Act, No. 36 of 2003, English text on the National Intellectual Property Office of Sri Lanka website: sections 106, 107, 110, 111, 118, 119, 120, 123, 125, 136, 175.
- WIPO Lex entry for the Intellectual Property Act, No. 36 of 2003.
Sri Lanka trademark FAQ
How long does a trademark last in Sri Lanka, and from when?
10 years, counted from the filing date because the law deems the date the application is received to be the date of registration (section 118).
When should I renew a Sri Lankan trademark?
Pay the renewal fee in the 12 months before expiry. A 6-month grace period follows, with a surcharge (section 119(3)).
What is the opposition period in Sri Lanka?
3 months from the date of publication of the application (section 111(10)).
How much does it cost to register a trademark in Sri Lanka?
The official fee depends on the classes and changes from time to time. We confirm the current NIPO schedule and quote the full cost before filing.
Can a foreign company register a trademark in Sri Lanka?
Yes. It must give a postal address for service in Sri Lanka, and usually acts through a registered agent (sections 106 and 175).
Can I assign a Sri Lankan trademark?
Yes, in writing. Record it in the register, because an unrecorded assignment has no effect against third parties (section 123).
How do I record a licence or change?
A written licence contract signed by both parties is recorded by the Director-General on request and fee (section 125). Ask us for the current NIPO forms.
Can a Sri Lankan trademark be removed for non-use?
Yes. The Court can remove a mark not used in Sri Lanka for 5 consecutive years without valid grounds (section 136).
How can I check the status of a Sri Lankan trademark?
Examine the register at NIPO, and check the Gazette for publication, registration and renewal notices.
Can I claim priority from my home country?
Yes, within 6 months of the earlier application, and you must file a certified copy within 3 months of the Sri Lankan filing (section 107).
Protect your brand in Sri Lanka
SUPREMEiP® files trademarks worldwide through its network and checks every Sri Lankan deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
