1. Selecting the Trademark

Choosing the right trademark for your company is a crucial step in establishing your brand identity. Here are some effective methods:

Professional Assistance

• Hire Experts: Engage professionals to research, conduct surveys, and create a unique trademark tailored to your business.
• Benefits: Professionals can ensure your trademark aligns with your brand’s vision and meets legal requirements.

Employee Contributions

• Internal Innovation: Encourage employees to brainstorm and create new trademarks for business projects.
• Why It Works: Employees are deeply familiar with your business and its activities, making their suggestions more relevant and innovative.

DIY Approach

• For New Entrepreneurs: Use name creation software to develop a trademark.
• Cost-Effective: This option is ideal for startups with limited budgets and resources.

2. Evaluating the Trademark

Once you have created a trademark, a thorough evaluation is the next step. This ensures compliance with legal requirements and avoids future conflicts. Here are the key considerations:

Legal Compliance

• Sri Lankan Trademark Laws: The trademark must meet specific legal conditions, such as:
  • Avoiding scandalous or offensive elements.
  • Ensuring it does not mislead the public or trade circles about the goods and services offered.
• Action: Adjust the trademark if it does not fulfill these criteria.

Trademark Search

• Why It’s Necessary: To ensure your mark does not conflict with existing trademarks.
• Key Factors to Evaluate Similarity:
  • Pronunciation
    • Example: An existing trademark named ‘Alexia’ could conflict with your trademark ‘Aleksia’ due to similar pronunciation, even if the spellings differ.
  • Definition
    • Example: A trademark called ‘Rasa Palathuru Beema’ (in one language) may conflict with ‘Tasty Fruit Juices’ (in another language) if their meanings are identical.

Importance of Evaluation

• Avoid Unnecessary Costs: Failing to evaluate your trademark could lead to:
  • Rejection by the Intellectual Property Office.
  • Financial and time losses from advertising and marketing efforts.
  • Potential damage to your brand’s reputation.