At the 47th ASEAN Summit held on 26–28 October in Kuala Lumpur, Malaysia, Timor Leste was ratified as the 11th member of ASEAN. Under the “Trade in Goods” framework, you may consider Timor Leste as your next export destination, since ASEAN membership brings more competitive tariffs, efficiency, and easier distribution within the region.
But how can you secure Trademark protection in Timor Leste? Remember: distributing and trading without Trademark protection is a high-risk move!
Trademark Regulations in Timor Leste
At present, there is no dedicated government authority handling Trademark registration in Timor Leste. Therefore, Trademark protection is obtained by publishing Cautionary Notices in local newspapers to inform the public of your claim of ownership. The publication must include a statement of ownership and a warning to others not to use the Trademark without permission.
Trademarks That Can Be Recorded
Because there is no formal Trademark registration system yet, there are no specific criteria for what can or cannot be registered. However, Trademarks published through Cautionary Notices should be:
- Unique and not imitative of other well-known Trademarks.
- Not in violation of local social or cultural norms.
Conversely, Trademarks we do not recommend recording include:
- Purely descriptive or generic marks without distinctive elements.
- Marks that reference national or international symbols without authorization.
- Marks that are similar to well-known Trademarks abroad.
Required Conditions and Documents
To publish Cautionary Notices in Timor Leste, you will need:
- Cautionary Notice Text:
An official statement including the Trademark owner’s name and address, and a detailed description of the Trademark.
- Trademark Specimen:
A clear representation of the Trademark to be published.
Procedure/Stages for Recording a Trademark via Cautionary Notices
The publication procedure includes:
- Document Preparation:
Drafting the Cautionary Notice text and preparing the Trademark specimen. - Translation:
Translating documents into the official language(s), if required. - Publication:
Submitting the Cautionary Notice to a local newspaper for publication.
The duration of each stage may vary depending on process efficiency and newspaper schedules—ranging from several weeks to a few months. Additionally, because there is no formal registration system, no official certificate is issued.
What to Do After Your Trademark Is Published
After publication of the Cautionary Notice, you as the Trademark owner are advised to actively use the Trademark in business to avoid the risk of claims by others. You—and your Trademark Consultant with representation in Timor Leste—should also actively monitor its use. If an unauthorized party uses the Trademark, you may take legal action based on the published notice.
Term of Protection in Timor Leste
There is no specific protection period in Timor Leste due to the absence of a formal system. However, you are advised to renew the Cautionary Notice every two years to reinforce protection.
Since the system is not based on formal registration, there is no clear grace period if you are late with renewal. Nevertheless, the longer a Trademark goes without republication, the higher the risk that others may use it.
Ready to record your Trademark in Timor Leste? For more information, contact us through the channels below and get a FREE 15-minute consultation!
📩 E-Mail : [email protected]
📞 Book a Call : +62 21 83793812
💬 WhatsApp : +62 812 87000 889
