Trademark Search in Moldova

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Frequently Asked Questions
Is there a time frame for filing for a trademark registration?

The anticipated time frame for trademark applications is 12 months. For applications that are being opposed by third parties, it may take longer for the process to be completed.

If I register my trademark in Moldova, do I have protection in other territories?

The territorial limit of registration is the Republic of Moldova.

Do I need to sign a Power of Attorney?

Yes, a power of attorney is required.

Are there any benefits from a pre-filing use of the trademark?

Pre-filing use may demonstrate priority in case where a conflict with a third party arises.

Will there be problems in case I don’t use my trademark after registration?

Attack on the ground of non-use is available.

What are the types of trademark that can be registered in Moldova?
  • names
  • words
  • devices
  • combination of colours
  • certain three-dimensional shapes
  • slogans
  • holograms
  • sounds
  • trade dress/get-up
  • smells
  • well-known marks
  • collective marks
  • service marks
  • certification marks
What are the phases of application after a trademark has been filed in Moldova?

The order of the application process is as follows:

 

  1. Publication of the following application particulars:
    • mark
    • name of applicant
    • address of applicant
    • state or country of incorporation of applicant
    • application number
    • application date
    • goods/services
    • priority claim information
    • representation of trademark
  2. Examination of the trademark application based on the following criteria:
    • formalities
    • classification
    • clarity
    • descriptiveness
    • distinctiveness
    • deceptiveness
    • conflict with prior registration
  3. Registration
What type of trademark is not registrable?
  • generic terms
  • marks contrary to moral standards or public order
  • names, flags or symbols of states, nations, regions, or of international organizations
  • marks that function principally as geographic location names
  • non-distinctive trademarks absent a showing of acquired distinctiveness
Does Moldova use the "Nice Classification" system?

Moldova uses the Nice Classification System.

Does the Community Trademark apply for Moldova?

The Community Trademark, currently known as the European Trademark Mark, is not effective in this jurisdiction.

Is there any possibility to claim priority in Moldova?

The filing date of the home application can be claimed as the filing date in Moldova if:

 

  • the applicant's home country is a member of the Paris Convention
  • the home application was filed within six months prior to the application in Moldova
  • an International Registration can be designated in Moldova
What do I need to do to satisfy the use requirement?

A trademark must be used within five continuous years since the registration date. The amount of use must be on a commercial scale and must occur in Moldova.

Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years calculated from the application date.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is it legal to use my trademark even if it is not yet registered?

Owners may legally use an unregistered mark for any goods or services.

Does having a registered trademark in Moldova give me any right?

Registration is mandatory to obtain rights to a trademark. The "first to file" rule is effective in Moldova.

What is the web address of the trademark national office?

The national office is accessible online at the following URL: www.agepi.md or www.agepi.gov.md.

Is there any need to use my trademark before I apply for registration?

Applicants do not need to prove actual use and do not need to show intent to use in order to be accepted.

Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • the mark is not distinctive
  • an earlier conflicting registration
  • the mark is descriptive of the kind, quality, quantity, and other characteristics of the good or service
  • the mark is functional
  • the mark is misleading, deceptive or disparaging
  • notorious or well-known mark
  • breach of copyright
  • rights in a well-known personal name
  • protected armorial bearings, flags and other State emblems
  • registration in the name of the agent or other representative of the proprietor of the mark
  • trade names
  • registered design rights
  • the mark is against public policy or principles of morality
  • the mark consists of a geographical indication
  • the mark is generic or customary in the current language
Who can contest my trademark application?

Any interested party may oppose a trademark application.

Is it possible to cancel a registration?

The following can be grounds for cancellation:

  • breach of copyright
  • an earlier conflicting registration
  • the mark is functional
  • the mark is descriptive of the kind, quantity, quality, intended purpose or other characteristics of the goods or services
  • the mark is misleading, deceptive or disparaging
  • the mark is not distinctive
  • notorious or well-known mark
  • registration in the name of the agent or other representative of the proprietor of the mark
  • rights in a well-known personal name
  • registered design rights
  • the mark is generic or customary in the current language
  • trade names
  • protection of armorial bearings, flags and other State emblems
  • the mark consists of a geographical indication
  • the mark is against public policy or principles of morality
Are there any rights established by having a registered trademark?

The following rights are established by registration:

  • the exclusive right to use the registered trademark
  • the right to license other third parties to use the trademark
  • the right to oppose later conflicting applications
  • the right to bring a cancellation action against a later conflicting registration
  • the right to sue for infringement against confusingly similar third-party trademark use
  • the right to obtain damages for infringement
  • the right to apply for seizure by customs authorities for importation of counterfeit goods
How long is the opposition period?

The opposition period begins on the date of publication in the National Bulletin or the WIPO Gazette.

 

The opposition period ends six months after the date of publication in the WIPO Gazette.

 

For a national application, the opposition period ends three months after the date of publication.

Is Moldova a member of the Madrid System?

Moldova is a member of both the Madrid Protocol and the Madrid Agreement. This jurisdiction may be designated in international applications.

Do I need to present periodic statement of use?

Periodic statements of use are not required.

When should I renew my trademark?

Subsequent renewals last for 10 years from the renewal date of the registration.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is there any documentation that should be presented when renewing a trademark?

A power of attorney is necessary for renewals.

If my trademark expires, do I have a grace period?

The grace period after the renewal date has expired is 6 months.

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