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Trademark in Sri Lanka

Describe a trademark

A trademark, then, is a symbol used to set your company apart from the competition. The most common way to achieve this is to trademark your business's logo or signature. Most businesses have multiple trademarks. Nike, for instance, has copyrighted its name, tagline, and logo.

What occurs when a trademark is registered?

A trademark that you register will only be usable by you. Your company's logo can no longer be used by anyone else legally. The TM or ® emblem will display next to your design, logo, or words once your trademark is approved.

Benefits of trademark registration

Even though it's not required, trademarking slogans or logos is a critical component of safeguarding your business. Your brand is now legally secured from being duplicated and exploited since once it has been registered, no one else can use it. Your clients will be able to recognize your products or services under a single brand name or identity if you register your trademark. The following are some key benefits of trademark registration:

  • Ownership- A trademark registration is evidence of ownership. You will then have the sole right to use and transfer the trademark however you see fit. You will be the only one who can use it. You can defend your ownership rights in court if someone else uses your trademark, whether the case is handled in civil or criminal court. You can take this action to prevent others from utilizing your mark or even to seek compensation. Usually, the court will determine how the other party must make restitution for the harm they have caused.
  • Sell- Your trademark is a registered asset of the business and can be sold when the time is perfect. A trademark boosts the value of your company by allowing you to safeguard your market share.
  • Licensing- You can pay a fee to license your trademark to other companies, much like you would when selling it.
  • Infringement- You can sue someone who violates your trademark if they do it. This is advantageous if you have a registered trademark because you won't need to provide evidence of your company's reputation. If you do, however, have an unregistered trademark, you will then need to demonstrate the legitimacy of your company.

How are trademarks governed?

The National Intellectual Property Office oversees all trademark-related laws and procedures.

What one can file for trademark protection?

  • Wordmark- A wordmark is one that you want to register if it solely contains words. In this category, you are not allowed to have any artwork or logos. You will be granted exclusive rights to your wordmark if it contains two or more words.
  • Trademark- It is necessary to register a mark as a trademark if it includes any design features, such as a logo or an artwork.
  • Qualities of a strong trademark

    Each effective trademark possesses at least one of the following qualities:

  • It's original and distinctive
  • Resonates with the intended audience and is simple to recall
  • Makes use of unique words
  • Avoids employing acronyms with three letters (example: Mrs, SEO, BRB)

Anyone can register a trademark, right?

A trademark can be registered by anyone. Anyone can file for a trademark, including groups, corporations, partnerships, and unincorporated people. We advise registering your business before registering a trademark if you are an unregistered corporation.

For how long is a trademark recognized?

  • A trademark that has been registered is valid for a period of ten years after the date of registration.
  • When your initial ten years are up, you can extend your trademark for a further ten years.
  • Registering a Trademark

    Two crucial procedures must be taken in order to register your trademark-

    1. Send in application documents

    2. The registration procedure

    Let's examine them both-

    1. Send in application documents- It is suggested that you conduct an intellectual property search before starting this stage. An optional intellectual property search might help you find out if any other businesses already exist that use the same name, logo, or slogan as you. Start by conducting a simple class-based search for intellectual property within your particular industry. We advise hiring an expert to complete this for you. Moving on to document filing-

    • Submit your name, address, and an exhaustive description of the products and services your company trades in accordance with the NICE classification. This need to be a thorough overview of the business.
    • Submit a power of attorney appointment letter (optional). Only in the following circumstances does this apply:
    • If someone else is submitting these papers on your behalf
    • You are a foreign company.
    • Submit your trademark specimen in either six hard copies or as an electronic specimen (scanned copy).
    • Keep in mind that the size of your trademark specimen shouldn't be greater than 10 cm × 10 cm.
    • Specimens are meant to represent actual uses of your brand in the real world.
    • If your company sells any distinctive goods that you have developed and trademarked, you should show potential customers the labels, tags, packing materials, and containers that will best display your brand.
    • You may also submit the application form or the trademark certification if you have already filed for the exact same trademark in another nation. the application's certified copy. This can occasionally work to your advantage. The application form or certification must, however, have been received within the last six months.
    • You must provide a translation of your trademark if it isn't in English. A sworn translator must perform the translation (optional).

    2. The registration procedure- The registration process starts once the paperwork has been filed.

    • When you pay for the application, send your intellectual property report and the logo design/trade name if you did an intellectual property search.
    • You will receive a "Filing Number" from the Intellectual Property Office.
    • Waiting in line for the exam stage
    • Branding investigation
    • Delivering documents to the translation division (if they need translation)
    • After the trademark has been authorized, make your second payment.
    • If your trademark has been accepted, publish a notice of the registration in a government journal.
    • After the trademark registration has been made public, there is a three-month objection period.
    • Certification of a trademark (if there are no objections)

    Vital information to bear in mind when registering

    • Your trademark will be published in a government gazette once it has been granted. A claim will be made against your trademark if there is any resistance to it.
    • In the absence of an objection claim, your application will be processed and recorded as usual.
    • The registrar will inform you if your mark is rejected by the National Intellectual Property Office.
    • Within one month after the dismissal following notification that your trademark application was denied, you may file a written appeal.
    • You will be given a court date for a hearing if one is required.
    • After you've submitted your appeal, the registrar will either make the required changes or reject your application completely.

What are the advantages of trademark registration?

  • When you register a trademark, you acquire sole ownership of it. Your catchphrase, company emblem, or original word is thus legally protected from unauthorized use.
  • If you register a logo for a business, you can transfer it if the business is ever sold.
  • For a charge, you can provide others a trademark license.

What paperwork is needed to register a trademark?

  • The company's name, address, and a comprehensive description of all the goods and services it trades in accordance with NICE classification
  • Send 6 paper copies of your trademark OR an electronic specimen, together with a letter of appointment by power of attorney (scanned copy)
  • Bring the certification or application if you've applied for a trademark elsewhere. If your trademark isn't in English, bring a sworn English translation (optional)

FAQ

What is a company trademark?

A company trademark is any logo, tagline, or original word that the business has registered as a trademark. The corporate brand will be represented by this trademark, which will also strengthen brand identity.

Validation of trademark registration

A trademark registration is valid for ten years.

Are international businesses similarly protected?

It doesn't, no. Only the nation in which the trademark is registered grants you protection.

Can one register a trademark for an already-used name in Sri Lanka?

If Sri Lanka doesn't already have a trademark for the name, you may. The opposing business, nevertheless, can always object.

What qualities distinguish a strong trademark?

Each effective trademark possesses at least one of the following qualities-

  • It is original and distinctive;
  • It is simple to remember and appealing to the target audience;
  • It uses words other than generic terms; and
  • It avoids the use of three-letter acronyms (example: Mrs, SEO, BRB)
  • Anyone is not required to register a trademark. However, it's always a good idea to register your logos and taglines as trademarks, regardless of the size of the business.
  • There is always a possibility that another business will trademark or take your logo because you are a tiny business.

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