- Asian
Currently, Timor Leste is a member of the World Intellectual Property Organization, the Paris Convention, and the Madrid Protocol. According to the Langham Law of Timor Leste, nationals of member countries of international conventions on trademark protection to which Timor Leste is a party, or nationals of countries that have bilateral trademark registration agreements with Timor Leste, who have already applied for trademark registration in their own country, have priority in registering the same trademark in Timor Leste within 6 months.
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overview
The current trademark regulations in Timor Leste are mainly based on the "Patent, Industrial Design and Trademark Law" promulgated on August 30, 1965. The "Timor Leste Ministry of Industry" is responsible for managing trademark affairs, and trademark exclusive rights must be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. If the applicant is not a resident of East Timor, they must entrust a specialized trademark agent in their country to handle the registration of the East Timor trademark.
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official language
East Timorese language
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Duration
The East Timor trademark is valid for 7 years after registration, starting from the date of registration; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 7 years.
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Registered types
Trademarks using any language or script are allowed to be registered, but an English translation and English pronunciation of the trademark text must be provided for clear labeling on the registration certificate.
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Application principles
The trademark law of Timor Leste belongs to the civil law system, and trademark registration is based on the principle of prior application. The prior applicant of the trademark will receive the trademark registration.
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Other precautions
1. If not used for one consecutive year, it can be withdrawn;
2. If submitting an application based on domestic application, a domestic registration certificate must be submitted within 2 years after the application date.
1. Natural persons or legal entities may apply for trademark registration through trademark registration agencies;
2. When entrusting an agency to handle a trademark registration application, the applicant should provide a power of attorney and specify the specific category of goods or services. If the specified goods or services cannot be classified according to regulations, they cannot be classified as goods or services, and their corresponding trademark applications will be rejected;
3. Copy of the applicant's ID card and company business license. The applicant must be a company (enterprise).
4. The submitted trademark design must be clear and easy to paste. If it is a colored trademark, please be sure to specify the color and paste the colored pattern as required.
5. The applicant should be the registrant or owner of the trademark.
1. If the applicant is an individual, please provide a copy of their personal identity or passport; If the applicant is a company, please provide a copy of the company's business license
2. Determine the trademark category based on the goods or services provided
3. Trademark design
4. Registration Authorization Letter
5. Applicant's application information
Conduct trademark search at the Timor Leste Trademark Office and have professionals analyze and evaluate the Timor Leste trademark to ensure the possibility of registration in Timor Leste, in order to improve the pass rate of Timor Leste trademark registration.
According to the official regulations of the Timor Leste Trademark Office, prepare the corresponding Timor Leste trademark registration materials and submit them to the Timor Leste Trademark Office through the agency.
After the application for trademark registration in Timor Leste is submitted, the Timor Leste Trademark Office will conduct a legality review of the submitted application documents, trademark designs, power of attorney, and other documents; Those who meet the requirements will be granted the application date and application number.
After the formal examination is approved, the Timor Leste Trademark Office will review the application based on the Timor Leste Trademark Law to determine whether it is registrable, whether it is identical or similar to a previously registered trademark, and whether it violates the prohibition clause of the Trademark Law. For trademark registration applications that have not been approved in Timor Leste, the examiner will notify the applicant in writing and inform them of the reasons for rejection. The applicant must promptly submit a review after receiving the rejection notice, otherwise the application will be deemed abandoned and the application date and number will not be retained.
After examination, the examiner believes that the application can be accepted and will publish a notice in the official trademark announcement of Timor Leste, entering the trademark opposition period from the date of the announcement.
Timor Leste has not yet established formal intellectual property regulations: they can only be registered and published in local newspapers (in English and Portuguese): it is recommended to re register every 2 years to declare rights.
The acceptance date for trademark registration applications in Timor Leste shall be within one month from the date of submission of the trademark registration application by the applicant and from the date of receipt of the qualified application by the Trademark Office; The applicant shall submit the original trademark registration certificate or affix the seal of the registered trademark to the Trademark Office within 30 days from the date of receiving the acceptance notice.
The application for trademark registration in Timor Leste should be examined within 6 months. If the examination is not completed within 6 months, the Trademark Office will notify the applicant in writing and request a response within the prescribed time limit; If no response is received by the deadline, the Trademark Office will conduct substantive examination of the application.
After passing the substantive examination, the Trademark Office will register and publish it in local newspapers (in English and Portuguese). The trademark owner is required to regularly publish warning notices, usually every 2 years, to maintain the validity of the trademark and also serve as a basis for future rights protection.
The entire trademark process in Timor Leste is very rigorous, with specific regulations on trademark protection policies, measures, and penalties for trademark infringement, aimed at protecting trademark rights, maintaining market order, and promoting economic development. In the process of trademark registration and protection, it is necessary to strictly follow relevant regulations, especially in areas such as trademark advertising, trademark authorization, trademark transfer, and trademark licensing, to avoid unnecessary legal risks.
