Trademarks Law in East Timor
Trademark Law in East Timor (Timor-Leste)
1. Legal Framework
Trademark protection in East Timor is governed by:
Industrial Property Law No. 2/2016, enacted on 8 March 2016
Implemented and administered by the Department of Industrial Property (DIP) under the Ministry of Justice
East Timor is a member of the World Intellectual Property Organization (WIPO) and a signatory to several international treaties, including:
Paris Convention for the Protection of Industrial Property
TRIPS Agreement
Madrid Protocol (accession effective in 2022), allowing international trademark registration
2. What Can Be Registered as a Trademark?
Under East Timor law, a trademark may consist of:
Words, letters, numbers
Logos, symbols, drawings, or any graphic representation
Shapes, colors, or combinations thereof
Sound marks, provided they can be graphically represented
Collective marks and certification marks
The mark must be capable of distinguishing the goods or services of one enterprise from those of others.
3. Trademark Registration Process
Application is filed with the Department of Industrial Property (DIP).
Formal examination for compliance and completeness.
Substantive examination to check:
Distinctiveness
Conflicts with existing marks
Compliance with law and public order
If accepted, the trademark application is published for opposition for a specified period (usually 60 days).
If no opposition or opposition is rejected, the trademark is registered.
4. Duration and Renewal
Registered trademarks are valid for 10 years from the filing date.
Renewable indefinitely for further 10-year periods upon payment of renewal fees.
There is usually a grace period for late renewal with additional fees.
5. Rights Conferred
Exclusive right to use the trademark for the registered goods/services.
Right to prevent unauthorized use, imitation, or confusingly similar marks.
Right to license or assign the trademark.
Protection against unfair competition.
6. Infringement and Enforcement
Trademark infringement includes:
Unauthorized use of identical or similar marks on related goods or services.
Acts that cause confusion or deceive consumers.
Enforcement mechanisms include:
Civil remedies (injunctions, damages)
Administrative penalties
Criminal sanctions in serious cases
Enforcement is through courts and administrative bodies.
7. International Protection
East Timor joined the Madrid Protocol in 2022, enabling trademark owners to file international applications designating East Timor.
The country honors priority claims under the Paris Convention.
Summary
| Feature | Details |
|---|---|
| Governing Law | Industrial Property Law No. 2/2016 |
| Registration Authority | Department of Industrial Property (DIP) |
| Protection Duration | 10 years, renewable indefinitely |
| International Treaties | Paris Convention, TRIPS, Madrid Protocol (since 2022) |
| Opposition Period | Approx. 60 days |
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