Overview of the trademark system in Sri Lanka

Protection of trade names and unregistered signs: Trade names (commercial names) are also protected by intellectual property law, but it is also recommended that they be registered as trademarks. In addition, in Sri Lankaeven if an unregistered trademark is used, a certain degree of protection may be granted through unfair competition prevention and passing-off (protection of well-known indications). However, as exclusive rights as trademark rights are granted only through registration, trademark registration is still strongly recommended.

• Application form: In the application form in the prescribed format, write the applicant's name and address and the fact that you are seeking trademark registration. If the applicant is a corporation, enter the name of the corporation; if the applicant is a natural person, enter the name of the individual (both individuals and corporations are eligible to apply). If you use a representative (patent attorney) at the time of application, you will need a power of attorney as described below.

• Trademark sample: Submit 5 designs or samples of the applied trademark (if the trademark is a word mark, include the character string; if the mark is a figure mark, attach a depiction of the figure). If it is a color trademark, please submit a color sample. Sri Lanka has nostandard character systemand trademarks are registered exactly as filed.

• List of designated goods and services: Submit a list of goods or services that use the trademark (details for each category). Written by category based on the Nice Classification (up to class 45). Although Sri Lanka is not a member of the Nice Agreement, it has adopted the classification of the Nice Agreement, and classifies products into a total of 45 categories, including 34 categories (goods) and 11 categories (services). Due to the one-application-one-category principle, if your application covers multiple classes, you will need to file a separate application for each class.

• Priority document (if necessary): If you are claiming priority under the Paris Convention, please indicate the country of first application, filing date, and application number in the application, and submit a priority certificate at the time of filing or within 3 months after filing. As Sri Lanka is a member of the Paris Convention, it is possible to claim priority based on an earlier foreign application within six months of the filing date.

• Power of Attorney: If the applicant is a foreign resident, it is necessary to appoint a representative such as a patent attorney residing in Sri Lanka, and the power of attorney for the representative must be submitted within 3 months from the filing date. A power of attorney does not require any special authentication such as notarization; just a signature (seal) is sufficient.

Once you have prepared the above documents and applied, NIPO will certify the date of reception and application. Please note that electronic applications by fax or online are not available at this time; in principle, applications must be submitted in writing. At the time of filing, you will also need to pay the prescribed application fee, and once your application is accepted, you will be given an official application number and filing date.

Application fees: Government fees for trademark applications are determined by the number of application categories, etc. (The exact amount is subject to change, so please refer to the latest fee schedule). In general, it is divided into items such as basic application fee, publication fee, and registration fee for each category.For example, according to IP Guide, there is information that it costs about 450 USD from application to registration (However, this is an example as of 2004 and is subject to change). The renewal fee will be explained later.

3. Registration requirements (discrimination, usage history, etc.)

Distinctiveness and absolute registration requirements: In order to be registered as a trademark in Sri Lanka, it is a basic condition that the trademark has the distinctiveness of its own products and other products. Articles 103 and 104 of the Intellectual Property Law stipulates "marks that cannot be recognized (registered)" as trademarks. The main absolute reasons for refusal (objective reasons for non-registration) are as follows.

• Prohibition of generic names/descriptive marks: Marks that simply indicate the type, quality, use, place of origin, price, date of manufacture, etc. of goods or services cannot be registered. For example, if the trademark "SWEET" is used for sugar confectionery, registration will not be permitted because it is a descriptive word that directly expresses the characteristics of sugar confectionery. This includesmarks that are likely to give a qualitative misunderstandingand will also be rejected if they are likely to confuse consumers.

• Prohibition of commonly used marks and common names: Words that are customarily used to indicate goods or services, or indications that are commonly used in transactions (common names, common names) cannot be registered. For example, registering "Laptop" as a trademark for a computer product is not allowed because it is a generic name.

• Marks without distinctiveness: Marks that are extremely simple and commonplace (e.g., only one letter of the alphabet, only common shapes, etc.) cannot be registered because they do not function as source identification marks by themselves. However, if the product has acquired distinctiveness through its use, it may be possible to register it (please refer to the supplement below on this point).

• Functional shape, etc.: Marks consisting only of the form derived from the essential shape or function of the product/packaging cannot be registered. For example, the very general shape of a wine bottle or the standard cylinder and handle shape of a coffee mug cannot be registered because they merely indicate the shape of the product and cannot be considered identification marks. When claiming a three-dimensional shape as a trademark, the question is whether the shape is unique enough to distinguish it from other companies' products.

• Other violations of public order and morals, etc.: Trademarks that violate public order and morals, such as racist designs, national emblems/flags, names of government agencies, marks of international organizations, etc., and marks whose registration is prohibited by law, will also be absolutely refused registration (details are stipulated in the relevant provisions of the Intellectual Property Law).

Relative registration requirements (relationship with rights of others): Trademarks that conflict with the rights of others cannot be registered. Article 104 of the Intellectual Property Law stipulatesmarks that are not allowed due to third party rights. The main relative reasons for refusal (conflict with other trademarks) are as follows.

• Similarity to previously registered trademarks: A trademark that is identical or confusingly similar to a trademark already registered (or pending application) in Sri Lanka by another person cannot be registered to the extent that the designated goods or services are the same or similar. When applying for trademark registration, an examination is also conducted ex officio for conflicts with prior trademarks (relative reasons for refusal).

• Conflict with well-known/famous trademarks: Trademarks that are identical or confusingly similar to unregistered trademarks or trade names that are already well-known by third parties in Sri Lanka may also be subject to refusal of registration. In particular, with regard to famous trademarks, even if the famous trademark is not registered in Sri Lanka, registration of a trademark that is likely to cause confusion with identical or similar products or services will not be permitted.

• Conflict with a previously used trademark (application for fraudulent purposes): If the application is the same as or similar to an unregistered trademark that has already been used in Sri Lanka by another person, and the application is filed knowingly (so-called "bad faith application"), the application may also be rejected. Legally, registration is not possible if the applicant "knew or should not have known" of the prior use, and there are provisions in place to prevent unauthorized acquisition.

As mentioned above, the requirements for registration are that the trademark is distinctive, non-descriptive, non-functional, and does not conflict with the vested rights of others. Please note thatprior use of a trademark is not a prerequisite forregistration. Unlike other countries, in Sri LankaTrademark usage history is not a requirement for registration, and registration itself is possible even if the trademark has not been used. Therefore, rather than the "use principle" as in the United States, the "first to file" principle is adopted, in which the person who files the application first obtains the rights. However, if the trademark is not used continuously for 5 years after registration, it will be subject to non-use cancellation (described later), so it is important to actually use and maintain the acquired trademark rights.

• If an opposition has been filed: NIPO will send a notification thereof to the applicant (trademark applicant), and the applicant will submit a rebuttal (equivalent to a statement of reply) to the grounds of opposition within the specified period. If necessary, NIPO will hold a **hearing** and make a decision based on the arguments and evidence of both the opponent and applicant. If the objection is accepted as a result of the hearing, the trademark registration will be refused and the application will be dismissed. If the opposition is dismissed (the opposition is unsuccessful), you will proceed to the registration procedure for the applied trademark. Furthermore, a party (opposer or applicant) who is dissatisfied with the decision on the objection may ultimately appeal the decision to a high court.

• If no opposition is filed: If no opposition is filed within three months of publication, the application will be granted registration.

Registration decision and registration fee payment: Once the opposition period has passed and the trademark is in a state where it can be registered, NIPO will notify the applicant of the registration and request the registration fee. Once the applicant pays the prescribed registration fee, the trademark will be officially registered and a trademark registration certificate will be issued. After registration is completed, the trademark will be recorded in the trademark register of the Intellectual Property Office, and trademark rights will be granted for a period of 10 years (the period will be explained later).

Required period: The standard period from application to registration in Sri Lanka is approximately 24 to 36 months. However, in practice, delays in examinations may occur, and in some cases, it has been reported that it may take 3 to 5 years. In recent years, efforts have been made to eliminate the trademark examination backlog by increasing the number of examiners and modernizing the system, and examination periods are gradually improving. However, the examination process still tends to take time, so if you want to obtain rights quickly, it is recommended that you file your application well in advance. Please note that measures to expedite examinations (accelerated examination system) are not currently in place.

5. Objection system, cancellation/invalidation system

Opposition system: As mentioned above, in Sri Lanka, a third party can oppose within three months after publication of a trademark application in the Official Gazette. The main reason for filing an opposition is that the trademark does not meet the registration requirements (e.g., it falls under an absolute ground for refusal or conflicts with someone else's prior rights). The opponent must be aninterested party, such as an existing trademark owner or an actual user of the trademark. When an objection is submitted, NIPO will hear the matter between the parties and determine whether the objection is valid. If the objection is approved, the trademark will beregistration refused; if not, the trademark willproceed to registration.

Cancellation/invalidation system: There is also a system in place to cancel or invalidate a trademark after it has been registered. The two main ones are:

• Cancellation for non-use (cancellation trial): In Sri Lanka, a third party can seek cancellation of a registered trademark if it has not been usedfor five consecutive years. This period of non-use starts from the date of registration and applies if the trademark has not been used continuously for five years without any justifiable reason. A request for cancellation for non-use will probably be filed as a **cancellation petition procedure (trial)** before NIPO. When a cancellation request is filed, the trademark owner is given an opportunity to prove the use of their trademark. The burden of proving whether or not the trademark has been used rests with the trademark owner, and if use cannot be proven, the registration will be cancelled. If cancellation for non-use is approved, the trademark registration will no longer be effective in the future and will be deleted from the registry (rights extinguished). Even if a trademark has been canceled, it is possible to re-apply if necessary.

• Invalidation trial (declaration of validity of registration): If a registered trademark has been registered based on circumstances where it should not have been registered in the first place, the registration can be invalidated by asserting the existence of reasons for invalidation. Under Article 134 of the Intellectual Property Act, if a "legitimate interested party" (an interested third party) or the Director of NIPO files a petition with the court and proves that the trademark was in violation of the provisions of Article 103 or 104 (absolute and relative grounds for refusal) at the time of registration, the court can declare the trademark registration invalid retroactively from the date of its registration. Once invalidity is determined, the trademark registration will be deemed to have never existed from the beginning, and the rights will be extinguished retroactively. For example, if a trademark that is too descriptive to originally be registered is registered by mistake, or if a trademark is registered that is confusingly similar to another person's famous trademark, the registration can be canceled through an invalidation trial. An annulment petition usually has to be filed inthe Court (Commercial High Court).

Renewal Procedures: To renew your trademark rights, you must apply for renewal and pay the renewal fee before the expiration of the trademark right. Specifically, it is possible to apply for renewal from 12 months before the expiration date tothe expiration date. Under Sri Lankan law, no special examination is carried out at the time of renewal, and registration can be renewed simply by confirming the identity of the trademark and the right holder. Therefore, there is no need to prove the status of use of the trademark when applying for renewal (however, if it is left unused, it may be subject to the non-use cancellation system mentioned above).

Renewal grace period: Even if you are unable to complete the renewal procedure by the expiration date, there is a 6-month grace period. If it is within 6 months of expiry, it is possible to apply for late renewal by paying the prescribed **additional fee**. If you fail to renew within this grace period, your trademark rights will expire and be removed from the register.

Notes: When renewing a trademark, the contents of the trademark (mark) or designated goods and services cannot be changed. If there are any changes, you will need to re-apply. Additionally, if the trademark owner information (address, name) has changed, it is recommended to register the name change before updating.

7. Trademark infringement and remedies (civil, criminal, customs injunction, etc.)

In Sri Lanka, the law provides for both civil remedies and criminal sanctions for trademark infringement. In addition, border measures allowcustoms detention, and a comprehensive rights protection system is in place.

Civil Remedies: Trademark owners can enforce their rights through civil litigation if a trademark that is identical or similar to their registered trademark is used without permission and their business interests are infringed. The main civil remedies are:

• Injunction: You can obtain an injunction by asking the court to stop the infringement. This allows the defendant (infringer) to be forced to stop using the infringing trademark. Interimpreliminary injunctions can be sought during litigation if necessary.

• Claim for damages: If the unauthorized use of your trademark causes economic loss, you can claimdamages against the infringer. If it is difficult to prove the amount of damages, it is possible to claim an amount equivalent to the profits earned by the infringer as unjust enrichment.

• Other remedies: The court may order appropriate measures, such as destruction or seizure of goods bearing infringing or counterfeit trademarks, or ordering notice of infringement or advertisement of apology, if necessary. Willful and malicious infringement may also result in punitive damages (at the discretion of the court).

Criminal Penalties: Acts of trademark infringement (especially the intentional manufacture and sale of counterfeit branded products) can also be a criminal offense. Sri Lanka's Intellectual Property Law provides penalties for trademark infringement, which can include up to six months' imprisonment or a fine of 500,000 Sri Lankan Rupees (approximately US$3,200) for a first offense. However, in reality, first-time offenders often receive a lighter fine than this. Repeat offenses or serious cases may result in more severe penalties (longer prison terms or higher fines). Additionally, the act of manufacturing or selling products with counterfeit trademarks, or creating or possessing such trademarks, is itself a crime and will be investigated by law enforcement authorities.

Criminal prosecution is based on a complaint from a right holder, and is investigated by the Police Intellectual Property Department (such as the Intellectual Property Infringement Enforcement Unit within the Police Criminal Investigation Division, established in 1870) and customs authorities, and prosecution is brought through the public prosecutor's office. Since the 2000s, Sri Lanka has been working to strengthen its enforcement system, including establishing a specialized department for countering counterfeit products within the police force. Criminal procedures also result in seizure/confiscationanddisposal of infringing goods, which has had a certain effect on deterring unfair competition.

Customs Interdiction (Border Measures): Sri Lanka Customs (Customs) is empowered to intercept the import and export of trademark infringing goods at the border. According to the Intellectual Property Law and Customs Ordinance, the import and export of counterfeit trademarked products is prohibited, and customs authorities can seize suspicious cargo ex officio. Trademark rights holders can apply to the Commissioner of Customs to suspend the import of counterfeit products that use their trademarks without permission, and if the petition is approved, Customs will withhold customs clearance of the goods. This procedure is based on Article 125A of the Intellectual Property Act, etc., and it is necessary to provide details of the infringing product and proof of rights when application for customs injunction. If the right holder takes judicial proceedings within the injunction period, the cargo will be seized and confiscated, and measures such as destruction will be taken. Sri Lanka Customs also has a dedicated IPR department (Intellectual Property Unit within the Social Protection Department), which works with trademark owners to detect counterfeit products.

As mentioned above, Sri Lanka has a system that allows trademark rights to be enforced from various aspects: **civil, criminal, and administrative (customs)**. However, there are not many cases in which the police and customs act proactively on their own authority, and the key to effective enforcement is for rights holders to provide information and make complaints. Therefore, if you discover goods that infringe on your company's trademark, it is important to promptly notify your local agent or authorities and take the necessary legal procedures.

Even if you do not have a registered trademark, as mentioned above, it is possible to seek civil remedies for unauthorized use of famous indications by others as unfair competition (passing off). However, from the perspective of the burden of proof and certainty of the scope of protection, it is still easier to exercise rights if the trademark is officially registered.

8. Relationship with international applications (Madrid Protocol)

Sri Lanka is currently (as of 2025) not a member of the Madrid Protocol. Therefore, it is not possible to designate Sri Lanka using the International Trademark Application System (Madrid System), and in order to obtain trademark rights in Sri Lanka, it is necessary tofile a domestic application directly with NIPO. Similarly, if a Sri Lankan trademark owner wishes to acquire rights overseas, he or she will need to apply separately in each country.

However, in recent years the Sri Lankan government has been preparing to join the Madrid Protocol. The country's membership policy has been announced since around 2017, and work has been underway to revise the law, but although the government officially approved membership in the Madrid Protocol in 2020, it has not actually come into force (due to the need to develop domestic laws). As of 2025, membership has not yet been completed, but it is expected that in the future it will be possible to join the Madrid System and make bulk trademark applications that include Sri Lanka. NIPO is also working on staff training and system development in preparation for membership, and is working to disseminate information to domestic companies through workshops and other events.

After Madrid joins, Sri Lanka will be able to request trademark registration in multiple countries with one application, making it easier for foreign companies to add Sri Lanka as a designated country. For example, in the future it will be possible for Japanese applicants to designate Sri Lanka via MadPro. At that time, NIPO will be obligated to notify whether or not protection is granted for international applications filed through Madrid, usually within 18 months. However, since the international application system is based on the premise that domestic examinations are carried out quickly and appropriately, it has been pointed out that improving examination delays, which is currently an issue, is an issue for membership.

Currently, as Sri Lanka is a member of the Paris Convention, it is possible to claim rights based on the earlier filing date of a trademark filed in a foreign country by filing a priority application in Sri Lanka within 6 months. For example, if you want to obtain rights in Sri Lanka without delay based on the filing date in Japan, you can obtain the benefit of priority rights by filing in Sri Lanka within 6 months of filing in Japan.

In summary, Sri Lanka is not a member of the Madrid Protocol (as of 2025) and cannot use the international trademark registration system, but it is necessary to obtain rights through individual applications in each country using the Paris priority system. The situation may change due to Madrid joining in the future, so please pay attention to the latest information.

9. Related laws and competent authorities

Domestic Law: The underlying law for the trademark system in Sri Lanka is the Intellectual Property Act, No. 36 of 2003. This law was enacted to comply with the WTO's TRIPS Agreement, and stipulates a wide range of intellectual property rights, including trademarks and service marks, as well as trade names, patents, designs, geographical indications, unfair competition, and trade secrets. With the enforcement of this law, the previous trademark law was integrated and revised. In addition, enforcement regulations based on the law were published in the official gazette in 2005, 2006, and 2007, and they stipulate the amount of fees and procedural details.

The main provisions regarding trademarks include definitions, registration requirements, and procedures in Part XVIII "Marks". For example, Articles 101 to 104 are provisions regarding the definition of trademarks and marks that cannot be registered, andArticles 121 to 137 are provisions regarding the validity, term, renewal, cancellation, invalidation, etc. of trademark registration (a provisional Japanese translation is available on the Japan Patent Office website). In addition, it also provides for civil remedies (injunctions and compensation for damages) and criminal penalties for trademark infringement, as well as customs injunction procedures in Part 13.

Participation in international treaties: Sri Lanka is also party to major international treaties in the field of intellectual property. As a member of the WTO, it is obligated to the TRIPS Agreement and is a party to the Paris Convention (Paris Convention for the Protection of Industrial Property) and the Berne Convention (Convention for the Protection of Literary and Artistic Works). We are also a member of the Patent Cooperation Treaty (PCT) and the Trademark Law Treaty (TLT). Although it is not a member of the Nice Agreement and the Vienna Agreement, which are directly related to the trademark system, as mentioned above, in practice it is operated in accordance with the Nice Classification and Graphic Classification. As already mentioned, Japan has not yet joined (plans to join) the Madrid Protocol.

Intellectual Property Office (NIPO) and relevant authorities: Trademark administration is under the Sri Lanka National Intellectual Property Office (NIPO), a government agency headquartered in Colombo. The Director-General of Intellectual Property (NIPO) oversees trademark registration decisions and trial procedures, and examiners from the trademark division are located within the office. NIPO handles all intellectual property matters such as trademarks, patents, and designs, so we also manage the Trademark Register, conduct post-registration name change/renewal procedures, and hear trademark trials (objections/cancellations). NIPO's official website provides procedural information, application forms, fee lists, etc., as well as guidelines and checklists for applicants.

On the judicial side, the Colombo Commercial High Court has first instance jurisdiction for intellectual property-related cases. The court handles cases such as oppositions, lawsuits to cancel trial decisions against decisions of refusal, lawsuits requesting injunctions and damages for trademark infringement, and court decisions in invalidation trials. Criminal cases are tried in regular criminal courts (such as magistrate courts), but at the investigation stage, the aforementioned Police Intellectual Property Crime Unit and Customs Intellectual Property Unit work together.

Summary (organizing main points in table format): The main points regarding Sri Lanka's trademark system are summarized in the table below.

Item	Contents
Jurisdictional law	Intellectual Property Law No. 36 of 2003 (TRIPS Harmonization Act)
Competent authority	Sri Lanka National Intellectual Property Office (NIPO)
Protected target	Product trademark, service mark, collective trademark, certification mark, association trademark
Registrable marks	Visual signs such as letters, figures, symbols, three-dimensional shapes, color combinations, etc.
Marks that cannot be registered	Descriptive marks, common names, signs without distinctiveness, functional shapes, violations of public order and morals, etc.
Application language	English, Sinhala, Tamil (official languages)
Application category	Nice International Classification (Class 45) adopted, Multi-class application not possible
Application fee	Prescribed government fees depending on the number of categories, etc. (Example: Approximately 450 USD per category in some cases)
Examination method	Formal examination + substantive examination (both absolute and relative reasons for refusal examination)
Characteristics of registration requirements	First-to-file system (use history not required), discernment required, no reason for non-registration
From application to registration	Approximately 2 to 3 years (it may take longer depending on the review situation)
Objection period	Within 3 months from the date of publication in the official gazette
Duration of trademark rights	10 years from the filing date
Update	Renewable every 10 years (procedures must be completed within 12 months before expiration) *There is a grace period of 6 months after expiration
Non-use cancellation system	Yes (cancellation subject to non-use for 5 consecutive years)
Other cancellation/invalidation systems	Yes (declaration of invalidity in case of violation of registration requirements, etc.)
Responding to rights infringement	Civil: Injunction/damage claim Criminal: Imprisonment for up to 6 months, fine, etc. Customs: Import/export suspension (ex officio or on request)

As mentioned above, Sri Lanka's trademark system basically has a framework similar to that of Japan, Western countries, and is in line with international standards, including a 10-year renewal system, cancellation of non-use, and civil and criminal measures for infringement of rights. However, issues have been pointed out, such as the length of the examination period and the lack of online procedures, and it is necessary to pay attention to future trends in accession to the Madrid Protocol and system improvements. It is necessary to properly acquire and maintain trademark rights, and to utilize these systems to protect rights in the event of infringement. When developing business in Sri Lanka, it is important to formulate a trademark strategy early based on the above system overview.

Reference materials: Sri Lanka Intellectual Property Law (Japanese provisional translation), NIPO official website, various guide materials from JETRO, the Japan Patent Office, etc., and explanations by local law firms. The source of each item is indicated by a number with [†] in the text.

AUTHOR

Takefumi SUGIURA （杉浦 健文）

EVORIX Intellectual Property Law Firm　Managing Patent Attorney

Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).

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