Sri Lanka is the member of Paris Convention and TRIPS Agreement
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It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Sri Lanka
Marks may comprise: arbitrary or fanciful designations; names; pseudonyms; geographical names; slogans; devices; reliefs; letters; numbers; labels; envelopes; emblems; prints; stamps; seals; vignettes; selvedge; borders and edgings; combinations or arrangements of colours; shapes of goods or containers.
The trademark registration will recognize the ownership of the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark.
The trademark registration may be recorded on customs data, but it is not automatically mechanism. The owner of Trademark must file the request to Customs authority of Macau for assistance with enforcement of trademarks
Sri Lanka is applying “first to file” principle. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal
The trademark is required to be used in the first three consecutive years from the date of registration (or any constructive 3-year period thereafter), otherwise the trademark may be invalided.
The cancellation of trademark registration in Macau is available. A trademark may be cancelled where it cannot be protected or the trademark infringes upon the public order or morals. In addition, the owner of the protected trademark has been proved that they are infringing the right of other owners, the registration of the trademark was issued lacking the required documents.
The grace period is 06 months from the expire date of the trademark registration.
After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party.
