By ordering a Trademark Comprehensive Study, you can, in the long run, avoid expenditures of applying for a trademark that will be rejected, reduce the risks of being sued and help us to draft your application to avoid rejection based on potential obstacles identified by the Study. The visible sign must always be capable of distinguishing the goods or services of different enterprises it must be distinctive. Submit the application form and other relevant documents. Can a multi class trademark application be filed in Sri Lanka? The status of different applications d. Papers sent for gazetting and made public 8. The search report will be sent to client within 15 working days based on the duration of the official search ; 4 Client could refer to our analysis and suggestion in the search report and decide whether to file the application. Registered trademarks What legal rights and protections are accorded to registered trademarks? Licensing of trademark Licenses must be recorded with the authority to be effective.
Assignment of trademark The Registered proprietor of a Trade mark has power to assign the registered trademark with or without goodwill of the business in respect of all or some of the goods for which it is registered. Approves and issues the trademark takes generally 2 months when the above process has finished f. Yes, a mark may acquire distinctiveness through use in Sri Lanka. Yes, a mark can be cancelled for non-use if it has not been used for five consecutive years immediately preceding the date of the cancellation application. The applicant may seek extension of time for filing Counter-Statement along with Govt. I was told that someone is trying to register my company name as a trademark. Sri Lanka is not a member of the Madrid Agreement or Protocol.
This could be a single word, phrase or slogan. Otherwise, the employers will be liable to pay surcharge. Any party can file a request for revocation with the National Intellectual Property Office director general. Subscribe The legal basis of intellectual property protection in Sri Lanka is the Intellectual Property Act No. A trademark is an incorporeal asset and is also a guardian of the commercial goodwill of a business.
Before registration, the trademark is published in a Government Gazette. If so, under what conditions? Renewal fees must be paid before the expiry date but not more than six months prior the expiry. There is no legal mandate, but it is always advisable to conduct a trademark search before filing a trademark application, as it is helpful for brand owners to evaluate the chances of the successful registration of their mark in Sri Lanka and plan a course of action against potential conflicts. Acting appointments may be made as may be necessary in the event of the Registrar-General or the Deputy Registrar-General of Lands or any Assistant Registrar-General or Registrar being ill or incapable of acting or temporarily absent from duty. You can also find out.
What are the application fees? Most entrepreneurs and small business owners are well aware of the benefits of registering a trademark for their products and services. If so, what rules and procedures apply? Sri Lanka is a party to the Paris Convention for the Protection of Industrial Property and must grant the same rights to nationals of other contracting states as it grants to its own nationals. Sri Lanka adopts first-to-file basis for trademark protection. The C Symbol © Used to notify the copyright claim or authorship of non-audio works. Specimens are real life examples of how you use your mark. Any party which believes that its rights will be affected by the registration of a mark may file an opposition with the competent authority in response to the publication of the mark in the Official Gazette.
Its purpose is to help employees to save a fraction of salary every month. Class 1: Chemicals Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry; unprocessed plastics in the form of liquids, chips or granules. A trademark represents your identity in the marketplace. Owing a trademark grants the exclusive right to use that mark in the course of trade for all goods and services covered by the mark. A mark may consist of a word, a symbol, a device, letters, numerals, a name, surname or geographical name, a combination or arrangement of colors and shapes of goods or containers etc. What are the grounds for objections or refusal to register a trademark in Sri Lanka? Registration of notice of seizure.
By being able to document your rights, you have a sound basis for negotiating finance for your development costs and for entering into sales and licensing agreements with others. Multi class filing system is not allowed in Sri Lanka. Priority How are priority rights claimed? Books for registration of instruments affecting land. Does the Sri Lanka Trademarks Act bestow protection to un- registered trademarks? The trademark should be delightful and not pounding How can I search for trademarks registered in China? Acceptance or rejection of trademark by the Registrar After filing the application, the Registrar may either accept or reject or order to correct or modify the application. Why is a trademark search advisable? The court may affirm, reverse or vary the original decision or issue such directions to the director general. Total earning includes salary, wages or fees, cost of living allowance, holiday Payments, food allowance, similar allowances, the cash value of food provided by the employer. We hope this information was useful to you.
Making up your own word increases protection, and has a lower chance of objection. Opposition:- the time period to file a notice of opposition is 3 months from the date the Trademarks Journal in which the mark has been advertised, has been made available to the public. Rights and protection Ownership Is ownership of a trademark in your jurisdiction determined on a first-to-file or first-to-use basis? However, the manner of conducting searches is different from other jurisdictions. In total, you have two options to choose among when choosing a trademark in Chinese. Application for record must be made to the Registrar.