Nepal's trademark system does not protect your brand in Sri Lanka. The two countries have no shared IP treaty, and Nepal is not in the Madrid System. To secure rights in Sri Lanka, you must file a separate application with the National Intellectual Property Office (NIPO) in Colombo under the Intellectual Property Act No. 36 of 2003. Sri Lanka is a first-to-file jurisdiction — rights belong to whoever files first, not whoever uses the mark first.
Key Takeaways
- Nepal trademark rights stop at the border. You need a separate registration in Sri Lanka to protect your brand there.
- Sri Lanka's IP office is the National Intellectual Property Office (NIPO) in Colombo, operating under the Intellectual Property Act No. 36 of 2003.
- The country follows a strict first-to-file rule — the first valid application wins, regardless of prior use.
- Protection lasts 10 years from the application date and is renewable indefinitely for further 10-year periods.
- The process runs about 12–18 months unopposed, with a 3-month opposition window after publication in the Gazette.
- Sri Lanka uses the NICE Classification and requires one application per class, just like Nepal.
- Foreign applicants from Nepal must appoint a registered Sri Lankan agent to file on their behalf.
Who handles trademark registration in Sri Lanka?
The National Intellectual Property Office (NIPO) in Colombo is the sole authority for registering trademarks in Sri Lanka. It operates under the Intellectual Property Act No. 36 of 2003, which replaced the older Code of 1979. NIPO examines applications, publishes marks in the Government Gazette, and issues registration certificates. For enforcement or opposition disputes, the matter goes to the Director General of NIPO first, with appeals possible to the Commercial High Court.
What can you register as a trademark in Sri Lanka?
The IP Act defines a trademark broadly — any visible sign capable of distinguishing your goods or services qualifies. This includes brand names, logos, wordmarks, slogans, labels, numerals, shapes, packaging, and even colours or sound marks where they serve to identify the source. Sri Lanka also recognises service marks, collective marks, and certification marks. A common mistake we see: Nepali businesses assuming a company registration at the Office of the Company Registrar protects the brand. It doesn't — only a NIPO trademark registration gives exclusive rights to use the mark on goods or services.
Which NICE classes apply for a typical Sri Lankan filing?
Sri Lanka uses the international NICE Classification system. One application covers one class. If your business exports tea and spices under a single brand, you'll need at least Class 30 for the goods themselves. If you also run a tea-shop chain, you'll add Class 43 for café and restaurant services. The table below shows the most common classes for businesses expanding from Nepal into Sri Lanka. Use our NICE Class Finder to check which class your products or services fall into before you start.
How do you register a trademark in Sri Lanka — the steps
You — or more likely a registered Sri Lankan agent acting for you — file an application with NIPO containing the applicant's full details, a clear representation of the mark, and the NICE class. A foreign applicant from Nepal must appoint an agent physically present in Sri Lanka; NIPO will not accept a direct filing from abroad. The application passes through a formal check and a substantive examination for distinctiveness and conflicts with prior marks. If accepted, the mark gets published in the Government Gazette.
- Search existing marks. Before committing, run a clearance search of the NIPO database. Our team can coordinate an agent-led search; you can also experiment with our trademark database search to see how a search interface works, though the data covers Nepal, not Sri Lanka.
- Choose the correct NICE class. One application per class. Use the NICE Class Finder or the AI-powered classifier to nail the class before your agent drafts.
- Prepare and file the application. Your Sri Lankan agent submits the form, the mark specimen, and a notarised Power of Attorney from you. The form needs the applicant's name, address, nationality, and a description of goods or services.
- Examination by NIPO. The examiner reviews the mark for absolute grounds — is it distinctive? Is it deceptive? — and relative grounds, such as conflict with an earlier Sri Lankan registration.
- Publication and opposition. The accepted mark appears in the Government Gazette. Third parties get a 3-month window to oppose. If opposed, NIPO's Director General hears the matter.
- Registration and certificate. If there is no opposition — or if you win it — you pay the registration fee and NIPO issues the certificate. The registration runs for 10 years from the application date.
What documents will you need?
A foreign applicant filing in Sri Lanka through an agent typically needs: a signed and notarised Power of Attorney authorising the local agent, a clear print or digital file of the mark (in JPEG or PDF), the applicant's name and registered address, and a list of the goods or services with the applicable NICE class. If you are claiming priority from an earlier application in another Paris Convention country — Nepal is a Paris Convention member, Sri Lanka is too — you'll also need a certified copy of the priority document with an English translation if it's not already in English. Our team can help you pull this together through our contact page.
How long does Sri Lanka trademark registration take?
Plan for about 12 to 18 months from filing to certificate, assuming the examiner raises no serious objections and no third party opposes. A smooth application that sails through the formal and substantive checks, gets published quickly, and passes the 3-month opposition window quietly can land on the faster side. Anything disputed will push the timeline considerably longer — oppositions at NIPO and subsequent appeals to the Commercial High Court can add years. If you need to use the mark quickly, get the filing date locked in early; rights date back to that date.
What does trademark registration in Sri Lanka cost?
The total cost has two parts: the official NIPO filing and registration fees, and the professional fees of your Sri Lankan agent. Government fees are charged per class — a multi-class brand means a separate application fee and registration fee for each class. The agent's charges depend on the complexity of the search, the number of classes, and whether any objections or opposition arise. To get a current picture, reach out through our contact page and we will put you in touch with a qualified Sri Lankan associate for a quote. There is no substitute for a real-time estimate because official fees can change with government gazette notifications.
What legal framework governs Sri Lankan trademarks?
The Intellectual Property Act No. 36 of 2003 is the governing statute, replacing the earlier Code of Intellectual Property Act of 1979. The 2003 Act brought Sri Lankan law into compliance with the TRIPS Agreement — the WTO's minimum IP standards. Sri Lanka is also a member of the Paris Convention for the Protection of Industrial Property, which means you can claim convention priority: file in Sri Lanka within six months of a Nepal or other Paris-country filing, and your Sri Lanka application dates back to that first filing. Unlike Nepal, Sri Lanka joined the Madrid Protocol, but only in 2023 and the domestic infrastructure is still maturing — the practical route for a Nepali business remains a direct national filing through an agent.
Common mistakes Nepali businesses make when filing in Sri Lanka
First, not searching before filing. A clearance search often turns up a conflict that saves you the full application cost. Second, filing in the wrong class. An exporter of Nepali handicrafts might correctly file in Class 20 (furniture and decorative items) but forget to cover Class 35 for the retail store through which they sell. Third, using a Nepali-language logo or Devanagari script without also filing an English-transliteration or English-language version. If your target market in Sri Lanka reads Sinhala, Tamil, or English, a Devanagari-only mark may not identify your brand clearly to consumers — but it can still be registered as long as it is distinctive. Fourth, assuming that a Nepali company registration or a .com.np domain name gives any IP rights in Sri Lanka. It doesn't. Only a NIPO registration does.
A concrete example: exporting Nepali tea to Colombo
Imagine "Sagarmatha Tea," a specialty tea producer in Ilam. The company already has a trademark registration in Nepal under Class 30. Now it wants to sell packaged tea in Sri Lankan supermarkets and open a tea-tasting bar in Colombo. The Nepal registration gives zero protection in Sri Lanka. The owner must file through a Sri Lankan agent: Class 30 for the packaged tea, and Class 43 for the tea-bar services. Before filing, the agent runs a NIPO search and discovers a Sri Lankan company already using "Sagar" for a tea brand. The conflict is marginal, but the agent adjusts the application to "Sagarmatha Ilam Tea" with a distinctive mountain logo to sail through examination. The mark is published, passes the opposition window, and registers in 14 months. The business now has enforceable rights in Sri Lanka that it can license to a Colombo distributor.
Keeping your Sri Lankan registration alive
A Sri Lanka trademark registration lasts 10 years from the application date. You renew it for further 10-year periods — no limit on the number of renewals. The renewal window is 12 months before expiry up to the expiry date itself; there is a grace period after expiry, but surcharges apply and you don't want to test it. A common trap: if you change the mark or assign it to a different company, you must record that change at NIPO. An unrecorded assignment leaves the registration vulnerable. Our renewal calculator is built for Nepal terms, but the principle is similar — set a diary reminder now.
| Feature | Nepal (DoI) | Sri Lanka (NIPO) |
|---|---|---|
| Governing law | Patent, Design and Trademark Act 1965 | Intellectual Property Act No. 36 of 2003 |
| Term of protection | 7 years from registration | 10 years from application date |
| Renewal term | 7 years, unlimited | 10 years, unlimited |
| Opposition window | 90 days from Bulletin publication | 3 months from Gazette publication |
| Madrid System member | No | Yes (2023), but practice still developing |
| Foreign filing route | Local agent mandatory | Local agent mandatory for non-residents |
In short: if you sell goods or services in Sri Lanka, or you plan to, a Nepal trademark alone is not enough. You need a separate Sri Lankan registration through NIPO. The process is straightforward with a local agent — file, examine, publish, register — but it takes time and requires precise class selection. Skipping a clearance search or filing in the wrong class are the two most expensive mistakes. Check your class with our NICE Class Finder, run a first-look search on our trademark database (for Nepal marks, as a model), and then reach out to our team — we'll connect you with a qualified Sri Lankan associate who can take the filing forward.
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