| A Service
Mark is closely related, to a trade Mark and serves to identify
and distinguish the sources of services rather than products. |
| |
| Certification
Marks are used to certify that goods or services of others
have certain characteristics. |
| |
| Collective
Marks are used to indicate membership in an organization
or to indicate that goods or services are produced or authorized by
an organization. |
| |
| Registration
under the Sri Lankan Intellectual Property Act No. 36 of 2003 grants
Statutory Protection to Trade and Service Marks. |
| |
| It must be emphasized
that Prior User of the Mark in the Home Country or in Sri Lanka is
not a pre-requisite for Registration. |
| |
| Intellectual
Property Associates will assist you to secure Trade and Service Mark
rights in Sri Lanka. |
| |
| Making
the Application |
| |
| An Application
for registration of a Trade or Service Mark must be made to the Director-General
of Intellectual Property in Colombo, in the Prescribed Form and must
contain |
| |
| 1 |
A
request for the registration of the mark. |
| 2 |
The
name, address and description of the Applicant, and if he is
resident outside Sri Lanka a postal address for service in Sri
Lanka. |
| 3 |
Five
copies of a representation of the mark. |
| 4 |
The goods or services for which registration is sought under
the International Classification. |
| 5 |
The Prescribed Application fee |
| 6 |
Where
the Application is filed by an Agent it should be accompanied
by a Power of Attorney. This document need not be Notorialized
or Legalized. |
|
| The Procedure
|
| |
| All Applications
are searched and examined in the order of filing by the National Intellectual
Property Office (NIPO) for registrability. If acceptable the Application
is published in the Government Gazette and left open for a period
of three months for public scrutiny and third party Opposition if
any. If opposed a hearing will be held at NIPO after the filing of
Written Submissions and any available evidence and the fate of the
Application would be then determined. If there is no such Opposition
filed NIPO will proceed to register the Mark absolutely or subject
to any conditions as the Hearings Officer shall deem fit. |
| |
|
