Trademark registration in Sri Lanka protects your brand name, logo, or slogan from being copied or taken by others. Sri Lanka follows a first-to-file system, so the person who files first gets the rights. This complete guide for 2026 explains what a trademark is, the laws behind it, the documents you need, the steps to register, the fees, and the time it takes. It also covers renewal, refusals, and common mistakes.
Whether you are starting a new business or growing an old one, this guide will help you register your trademark with confidence. Read on to learn each step in simple words, and protect your brand before someone else does.
What Is a Trademark?
A trademark is a word, logo, symbol, name, or slogan that shows who makes a product or offers a service. It helps customers tell your brand apart from others.
Common examples are a brand name on a soft drink bottle, the logo on a shirt, or a slogan used in ads. In Sri Lanka, trademarks are protected under the Intellectual Property Act No. 36 of 2003.
Trademark vs. Business Name vs. Company Name: Is There a Difference?
Yes, there is a difference. These three are not the same thing.
- Trademark: Protects your brand identity in the market. It is registered with the National Intellectual Property Office (NIPO).
- Business name: The name a sole trader or partnership uses to trade. It is registered with the Registrar of Business Names.
- Company name: The legal name of a company. It is registered with the Registrar of Companies.
Registering a business name or company name does not give you trademark rights. Another person can still register the same name as a trademark. That is why you should register your trademark separately.
Why You Should Register Your Trademark in Sri Lanka?
Sri Lanka follows a first-to-file system. This means the person who files first gets the rights, even if someone else used the name earlier. If you wait, another person can register your brand name before you do.
Here are the main benefits of registering:
- Proof of ownership: The registration certificate shows that the mark belongs to you.
- Legal action: You can take action against anyone who copies or misuses your brand.
- Brand value: A registered trademark builds trust and adds to the value of your business.
- Long protection: Your registration lasts 10 years and can be renewed.
- Business growth: You can sell, license, or franchise your brand with more confidence.
Registering early costs far less than fighting a dispute later.
What are the Laws Associated With Trademark Registration in Sri Lanka?
Trademark registration in Sri Lanka is mainly governed by the Intellectual Property Act No. 36 of 2003. This law explains how to register a mark, what can be registered, how long protection lasts, and what you can do if someone copies your mark.
The National Intellectual Property Office (NIPO) handles all trademark applications and keeps the official register.
Other rules that apply:
- Nice Classification: All goods and services are placed into classes. Your mark is registered under the class that matches your business.
- First-to-file rule: The first person to file gets the right to the mark.
- International treaties: Sri Lanka is a member of the Paris Convention and the Madrid Protocol, which help foreign owners protect their brands here.
Always check the latest version of the Act and NIPO rules before you file.
What Can and Cannot Be Registered as a Trademark?
Not every name or sign can be registered. A mark must be able to tell your goods or services apart from others.
| Can be registered | Cannot be registered |
| Words and brand names | Marks the same as or too similar to an existing mark |
| Logos, symbols, and devices | Words that only describe the product (for example, “Sweet” for sugar) |
| Letters and numbers | Common or generic terms |
| Names and surnames | Marks that can mislead the public |
| Geographical names | Marks against public order or morality |
| Colour combinations | Flags, national emblems, and official signs |
| Shapes of goods or containers | Marks that copy a well-known brand |
If your mark is close to an existing one, NIPO can refuse it. A search before filing helps you avoid this.
Who Can Apply?
Almost anyone can apply for trademark registration in Sri Lanka. You do not need to be a Sri Lankan citizen, and you do not need to be using the mark yet.
The following can apply:
- Individuals: Business owners, freelancers, and creators.
- Companies and partnerships: Local or foreign.
- Foreign applicants: People and businesses from other countries.
If you live outside Sri Lanka, you must give a postal address in Sri Lanka. Foreign applicants usually need to file through a registered trademark attorney in Sri Lanka.
Make sure the applicant is the real owner of the brand. The name on the application will be the name on the registration certificate, so use the correct legal name of the person or company.
What are the Documents Required?
You need a few simple documents to file your trademark application at NIPO:
- Application form: The official trademark application form from NIPO, filled in with the applicant’s name and address.
- Mark image: A clear picture of your logo or mark. Sources give different details on the number of copies and size (up to 10 cm x 10 cm), so confirm the current rule with NIPO.
- List of goods or services: Describe what the mark will cover and the class it falls under.
- Postal address in Sri Lanka: Needed if you live outside the country.
- Power of attorney: Needed if a trademark attorney files on your behalf.
- Application fee: The official filing fee.
If you claim priority from an earlier foreign application, you may also need to submit proof of that filing.
How to Register a Trademark in Sri Lanka: Step by Step
The process has seven steps. Follow them in order to avoid delays.
- Step 1: Pick the correct class. Find the Nice class that matches your goods or services. Each class needs its own application, so choose carefully.
- Step 2: Search NIPO records. Check if an identical or similar mark is already registered or pending in your class. This search helps you avoid a refusal later.
- Step 3: File the application. Submit the application form, the mark image, the list of goods or services, and the fee to NIPO. Make sure all details are correct.
- Step 4: Examination. NIPO checks the form and the substance of your application. If there are defects, you get three months to fix them.
- Step 5: Publication. If your application is accepted, your mark is published in the Trademarks Journal for the public to see.
- Step 6: Opposition period. Anyone can oppose your mark within three months of publication. If someone does, you must respond and defend your application.
- Step 7: Registration certificate. If there is no opposition, or the opposition fails, NIPO registers your mark and issues the certificate.
Once registered, you can use the ® symbol.
What are the Fees You have to Pay When Registering Your Trademark in Sri Lanka?
The total cost of trademark registration in Sri Lanka depends on the type of applicant, the number of classes, and whether you hire an agent. You will pay official fees to NIPO, and agent fees if you use a lawyer.
Official Fees:
- Application fee: Rs 1,000 for an individual and Rs 3,000 for a company, partnership, or society, before VAT. VAT of 12% is added on top.
- Publication fee: Charged by the size of your mark when it is published in the Gazette (Rs 100 per 1 cm x 1 cm). A bigger logo costs more to publish.
- Opposition costs: If someone opposes your mark, extra fees apply when you answer the notice.
Other Costs:
- Agent fees: Foreign applicants must use a local attorney. Fees differ by firm, so ask for a full quote first.
- One class per application: You need a separate form and a separate fee for each class. If your brand covers several classes, the cost adds up.
Plan your budget before you file, and keep some room for extra costs if your application faces an objection.
These fees are based on the NIPO fee schedule as of 6 October 2026. Fees can change, so visit the official government site and check the NIPO Fees schedule for the latest pricing.
How Long Does Trademark Registration Take?
Trademark registration in Sri Lanka is not quick. In most cases, it takes one to four years from the filing date, if no one opposes your mark. Some law firms say a smooth case takes about 24 to 36 months, and others report up to four years.
Several things affect the time:
- Examination: NIPO checks your application for form and substance. This stage can take several months, depending on their workload.
- Defects: If your application has errors, you get three months to fix them.
- Publication and opposition: Your mark is published, and anyone can oppose it within three months.
- Opposition cases: If someone opposes your mark, the process takes longer.
To avoid delays, search NIPO records before you file, choose the correct class, and submit complete documents.
Timelines are estimates and can change, so ask NIPO or your trademark attorney for the current waiting time.
Is There a Difference in Trademark Registration for Foreign Applicants?
Yes, there is a small difference. The process is mostly the same, but foreign applicants must follow a few extra rules. Foreign companies and individuals can register a trademark in Sri Lanka, and you do not need to be trading in the country first.
The main differences are:
- Local agent: If you live outside Sri Lanka, you must file through a registered trademark attorney in Sri Lanka.
- Local address: You must give a postal address in Sri Lanka.
- Power of attorney: You sign a document that allows your attorney to act for you.
- Priority documents: If you claim priority from an earlier foreign filing, you must submit proof of it.
Some foreign owners may also use the Madrid Protocol to file through WIPO. Sources disagree on whether this route is open for Sri Lanka, so confirm the current status with WIPO first.
Trademark rights are country-specific, so a foreign registration does not protect you in Sri Lanka.
How Long Does a Registered Trademark Last?
A registered trademark in Sri Lanka lasts 10 years. The 10 years are counted from the date you filed the application, not from the date the certificate was issued.
You can renew your trademark as many times as you like, each time for another 10 years. This means your brand can be protected for as long as you keep paying the renewal fee.
Here is what to remember about renewal:
- Renewal window: You can renew within 6 months after the expiry date, but a surcharge applies.
- No reminders: NIPO does not send renewal reminders, so note the date yourself.
- No proof of use: You do not need to show that you used the mark to renew it.
If you miss the deadline, your registration can lapse and you may lose your rights. Set a reminder well before the 10 years end, or ask your attorney to track it.
What If Your Application Is Refused or Opposed?
A refusal or an opposition does not always mean the end of your application. You have options in both cases.
If NIPO Refuses Your Application
Common reasons are that your mark is too close to an existing mark, or that it only describes your product. You can:
- Ask for the grounds: Request the written reasons for the decision. A fee applies.
- Fix defects: If the problem is an error in the application, you get three months to correct it.
- Change your approach: Reply to the objection, narrow your list of goods or services, or file a new mark with a stronger design.
If Someone Opposes Your Mark
Anyone can file an opposition within three months after your mark is published. In this case:
- Read the notice: Find out who opposed it and why.
- Reply on time: You must file your answer and observations. A fee applies.
- Decide whether to fight: You can defend your application or drop it.
Opposition cases take more time and money, and you may need a lawyer to help. A search before filing is the best way to avoid both problems.
What Will Happen If You Don’t Keep Using Your Trademark?
You can lose your trademark. In Sri Lanka, you do not need to use a mark to register it. But once it is registered, you must start using it. If you do not use it for five years after registration, someone can ask to cancel it for non-use.
Here is what this means for you:
- Cancellation risk: A competitor can apply to remove your mark from the register.
- Loss of rights: Once it is cancelled, anyone can use or register the same name.
- Valid reasons: Genuine reasons for not using it, such as import limits or other special cases, may protect you. Keep proof of these reasons.
To stay safe, use your mark on your products, packaging, or services. Keep records such as invoices, photos, and adverts. Also use the mark exactly as it was registered, because changes to the logo or spelling can weaken your rights.
Using the ® symbol is allowed once the mark is registered.
Common Mistakes to Avoid
Small errors can cost you time, money, and even your brand. Avoid these mistakes when you apply:
- Skipping the search: If a similar mark already exists, NIPO can refuse your application. Search the records first.
- Choosing the wrong class: Your mark only protects the goods or services in the class you pick. A wrong class leaves your business open.
- Picking a weak name: Names that only describe the product, like “Fresh Milk” for milk, are hard to register.
- Waiting too long to file: Sri Lanka follows a first-to-file system. Someone else can take your name if you delay.
- Giving wrong details: Errors in the owner’s name or address cause delays. Use the correct legal name.
- Missing deadlines: Late replies to objections or late renewals can end your application or registration.
- Not using the mark: Five years of non-use can lead to cancellation.
Do You Need a Lawyer?
It depends on where you live. If you live outside Sri Lanka, yes. Foreign applicants must file through a registered trademark attorney in Sri Lanka. If you live in Sri Lanka, you can file the application yourself, but a lawyer is still a smart choice in many cases.
When a Lawyer is Worth it:
- You want to avoid refusal: A lawyer can run a proper search and pick the right class before you file.
- Someone opposes your mark: Opposition cases need legal replies and strict deadlines.
- Your application is refused: A lawyer can reply to objections and improve your chances.
- Your brand is valuable: If the brand is central to your business, expert help reduces the risk of costly errors.
What to Check Before You Hire One:
- They are a registered trademark attorney in Sri Lanka.
- They have experience with NIPO filings.
- They give a clear quote that lists official fees and professional fees separately.
- They explain the timeline and the steps in simple terms.
A good lawyer costs money upfront, but it can save you from losing your brand later.
Ready to Protect Your Brand in Sri Lanka? Talk to a Business Registration Advisor
Every business is different. The right path for trademark registration in Sri Lanka depends on your brand, your business type, and where you plan to sell. You may also need to sort out your business registration first, so your brand name is set up correctly from day one.
At BR.LK, our business registration advisors look at your situation and explain your options in simple words. We help you choose the right steps, avoid costly mistakes, and plan what to do next. Get in touch with us today, and let’s protect your brand the right way.
Conclusion
Trademark registration in Sri Lanka is the best way to protect your brand name, logo, or slogan. Because Sri Lanka follows a first-to-file system, the sooner you apply, the safer your brand is. The process takes time, usually one to four years, and it has clear steps: pick the right class, search NIPO records, file your application, pass the examination, and wait out the opposition period. Once registered, your mark lasts 10 years and can be renewed again and again, as long as you keep using it.
Your next step is simple. Search the NIPO records first, then file your application with the correct details. If you live abroad or expect a dispute, talk to a registered trademark attorney in Sri Lanka. Start today, and keep your brand yours.
Key Takeaways
- A trademark is a word, logo, symbol, name, or slogan that shows who makes a product or offers a service.
- Registering a business name or company name does not give you trademark rights, so you must register your trademark separately with NIPO.
- Sri Lanka follows a first-to-file system, so the person who files first gets the rights.
- Trademarks in Sri Lanka are mainly governed by the Intellectual Property Act No. 36 of 2003.
- You must search NIPO records and pick the correct Nice class before you file, because each class needs its own application and fee.
- The registration process has seven steps, from choosing a class to receiving the registration certificate.
- The official application fee is Rs 1,000 for an individual and Rs 3,000 for a company, before VAT, as of 6 October 2026.
- Registration usually takes one to four years, and an opposition can make it longer.
- A registered trademark lasts 10 years and can be renewed for further 10-year periods.
- You must use your trademark within five years of registration, or someone can ask to cancel it for non-use.
FAQs
The law does not force you to register. But Sri Lanka follows a first-to-file system, so registration gives you the strongest rights. Without it, proving ownership and stopping copycats is harder, and someone else can register your brand name before you.
Yes. You can use ™ on a mark that is not yet registered to show that you claim it as your brand. It does not give you legal protection by itself. Only use ® after NIPO has registered your mark.
™ shows you claim a mark, whether or not it is registered. ® shows the mark is officially registered, and you can only use it after registration. A registered mark has much stronger legal protection than an unregistered one.
Search the NIPO trademark records for identical or similar names in your class. A word search may not catch similar logos, so ask a trademark attorney for a full search. Do this before you file to avoid a refusal.
Yes, you can use it, but it has weak protection. A competitor can register a similar logo before you. Make sure your logo does not copy another brand, and register it with NIPO as soon as you can.
No. Trademark rights are country-specific, so your Sri Lankan registration only protects your brand in Sri Lanka. If you plan to sell abroad, you need to register your mark in each of those countries.
There are four main types: trademarks for goods, service marks for services, collective marks used by members of a group, and certification marks that show goods meet a set standard. NIPO charges different fees for some of these types.
