The State Agency on Intellectual Property (hereinafter AGEPI) is the national office in the field of intellectual property protection and the only authority that, on the territory of the Republic of Moldova, ensures the protection of trademarks under the conditions of Law no. 38 of 29.02.2008 on the protection of trademarks (hereinafter Law no. 38/2008).

I. What is a trademark?

The trademark is any sign or any combination of signs susceptible of graphic representation serving to distinguish the goods or services of certain natural / legal persons from those of other persons. You can register your trademark to protect your brand, for example the name of your product or service. When you register your trademark, you'll be able to:

  • take legal action against anyone who uses your brand without your permission, including counterfeiters;
  • put the ® symbol next to your brand - to show that it's yours and warn others against using it;
  • sell and license your brand

A trade mark lasts 10 years. You must renew your trade mark every 10 years for it to stay in force.

II. What trademarks may be registered?

The following may be registered as trademarks: words (including names of persons), letters, figures, drawings, combinations of colours, figurative elements, three-dimensional forms, in particular the form of a product or its package, and any combinations of signs, provided that such signs may serve to distinguish the products and/or services of a natural or legal person from the products and/or services of other persons.

Signs that cannot be registered as trademarks, grounds for invalidity

Absolute grounds for invalidity

The following are excluded from protection and cannot be registered:

  • trademarks that lack distinctive character;
  • trademarks composed exclusively of signs or indications that may serve in trade, to designate the species, quality, quantity, destination, value, geographical origin, time of production of the good or rendering of the services or other characteristics thereof;
  • trademarks composed exclusively of signs or indications customary in the current language or in the fair and constant commercial practices;
  • signs composed exclusively of the form imposed by the nature of the products or the form of products necessary to obtain a technical result or the form affording substantial value to the product;
  • trademarks which are contrary to ordre public or good morals or harmful to the state image and interests;
  • trademarks capable of misleading the consumer in relation to the geographical origin, quality or nature of the product or service;
  • trademarks that contain, without the authorization of competent authorities, reproductions or imitations of state coats of arms, flags and emblems, official or historic names of states or abbreviations thereof, full or abbreviated names of international or intergovernmental organizations, official control, guarantee and hallmarks, seals, awards and other signs of distinction;
  • trademarks with major symbolic significance, in particular religious symbols;
  • trademarks containing or consisting of a geographical indication intended to identify wines or other alcoholic products; or a designation, identical or similar to a geographical indication or an appellation of origin protected in the Republic of Moldova, in cases where the origin of products does not correspond to the geographical indication or the appellation of origin, even if the genuine place of origin of the product is indicated, or if the geographical indication or the appellation of origin is used in translation or in combination with words such as; "form", "type", "style", "imitation" or similar, and where trademarks are requested for products not covered by a protectable geographical indication or appellation of origin, insofar as these products are comparable with products in relation to which a geographical indication or appellation of origin is protected or to the extent which unjustified use of a requested trademark will allow an unlawful advantage to be gained from the reputation of a protectable geographical indication or appellation of origin.

Relative grounds for invalidity

A trademark shall be refused registration if:

  • the trademark is identical to an earlier trademark registered in relation to identical goods and / or services;
  • a trademark is identical or similar to an earlier trademark and because it is identical or similar to the goods and/or services indicated by both trademarks, there is a risk of confusion by the user, including the risk of association with the earlier trademark;
  • a trademark is identical or similar to an earlier trademark and is submitted for registration in relation to goods and/or services not identical to those for which the earlier trademark is registered, if the earlier trademark is well known in the Republic of Moldova and if unjustified use of the requested trademark would cause an unlawful advantage owing to the distinguishing capacity or well-known nature of the earlier trademark or would have caused harm thereto;
  • trademarks that cause harm to a prior right in relation to the image or the name of a notorious personality in the Republic of Moldova;
  • a trademark shall also be refused registration where the agent or the representative of the owner of the trademark in one of the countries of the Union requests the registration thereof in his own name, without the owner's consent, except where the agent or the representative justifies the lawful nature of his actions.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.