CONDUCTING TRADEMARK SEARCHES IN SRI LANKA
Preliminary trade mark search with the National Intellectual Property Office, Sri Lanka before filing an application for registration of a mark is advisable. A trade mark search in Sri Lanka is conducted manually (often known as Index Trademark Search).
REGISTRABLE AND NON REGISTRABLE TRADEMARKS IN SRI LANKA
- What Trademarks may be registered in Sri Lanka?
The registration of mark may be granted to the person who is the First to fulfill the conditions of a valid claim at the earliest priority for his application.
The Governing Act specifies that a mark may consist of:
- Arbitrary or fanciful designation,
- geographical names,
- combination or arrangement of colours,
- shapes of goods or containers,
- What marks may not be registered in Sri Lanka?
A mark may not be registered in Sri Lanka if:
- Any such mark is suggestive of the nature of goods and services;
- The mark designates the kind, quality, quantity, intended purpose, value, and place of origin of the goods or services covered by it;
- The mark becomes exclusively of a sign or indication which has become established practices of a trade in Sri Lanka in respect of any goods and services;
- The mark is scandalous, or opposed to moral standards and is offensive to racial or religious sentiments of any community in Sri Lanka;
- It is misleading in nature;
- It is a geographical name, surname in ordinal specification;
- It is a reproduction/ imitation of armorial bearings, flags, emblems, initials, abbreviation, official sign, hallmark of any state or international organization created by a convention, unless authorized by the state or the international organization;
- It is similar to any other mark that has expired and not renewed during a period of two years preceding the filing of the application for registration of mark
- It is similar to any other mark whose nullity, renunciation, removal has been recorded in the register during a period of two years preceding the filing of the application.
- The goods and services covered under the mark are prohibited from being traded in Sri Lanka.
- It resembles a well-known trademark belonging to someone else.
- It is in prior use by an unregistered owner.