Trademark application Moldova

Trademark registration Moldova

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What are the costs of a trademark registration in Moldova?

The costs of trademark registration in Moldova depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a trademark registration in Republic of Moldova?

Exclusive trademark protection is issued in Moldova on a first-to-file basis. This means that the person who registers the trademark first, obtains the rights over it. If you want to register a trademark in Moldova, you send your application to the AGEPI, the State Agency of Intellectual Property. Before registering a trademark, it is not necessary to have it already in use. In Moldova, the eleventh edition of the Nice Classification for goods and services is used. International applicants who do not reside in the country must be represented by a trademark specialist.


Trademark protection in Transnistria

Pridnestrovie (Transnistria) is a mini-state between Ukraine and Moldova. It seceded from this republic in 1992 after a brief military conflict with Moldova. Although trademark protection in Moldova is in theory also valid in this miniature state, which is recognized by a handful of countries, you may encounter problems in enforcing your rights.


What can you register as a mark in Moldova?

Each country determines what can be established as a trademark by entrepreneurs who intend to expand their commercial activities into this territory. What you can register in Moldova are words (including names of persons), letters, figures, drawings, color combinations, figurative elements, three-dimensional shapes and any combination of signs that serves to represent the products and / or services of a natural or legal person of distinguish the products and / or services from others.


How does applying for a combined trademark work?

If you choose to file a trademark in Moldova that concerns a combination of elements, you should ask yourself before submitting your request whether you want to be able to use one or more individual elements of this whole separately for commercial purposes, without that someone can infringe on that. If this is the case, you must submit a separate registration request for this separate element to the AGEPI.

If you fail to do so, there is a risk that a third party could possibly use part of your brand for his or her own commercial activities in the future. You cannot successfully object to this without separate registration. There is one exception to this: does someone offer a product or service that is very similar to what you offer, or is even the same? Then you can object on the basis of confusing resemblance.


How can you verify whether your trademark application is in conflict with existing trademarks?

Before starting the process to register a brand name in Moldova, it is wise to verify that it does not conflict with any existing trademarks or previously submitted applications. Verification can be done in two ways. The first way is by consulting the national (AGEPI) and international (WIPO) databases. A second way is by having the documents of AGEPI searched. Costs apply for this.


Applying for trademark protection in Moldova: the process

If you want to register a brand name in Moldova, it is important to know that applications that are not made in the local language will be automatically rejected and returned. After receiving the registration request, the AGEPI will take a maximum of one month to conduct an initial formal investigation. If any defects are found, you will be given two months to make adjustments. If all requirements are met, your application will be published in the AGEPI’s online trading bulletin, within three months of the application date.

After publication in this trade magazine, third parties have three months to file an opposition. How successful such an objection is depends entirely on the specific circumstances. The AGEPI also conducts a substantive investigation, which must be completed within six months of publication in the online trade magazine. After a positive decision and granting of protection of your trademark in Moldova, it will then take a maximum of thirty days before your data ends up in the national trade register. You will receive a registration certificate within two months of the award.


The period of validity of trademark protection in Moldova

Did you successfully register your trademark in Moldova? This is then valid for ten years, with retroactive effect from the application date. Trademark protection can be extended indefinitely, each time for a period of ten years. You can request an extension from six months before the end date of the current term. There is a grace period up to six months after the end date. If you leave your trademark unused for five years after registration, you run the risk of it being canceled due to inactivity.


Trademark protection in Moldova through international registration

Moldova is not a member of the European Union, which means that an EUTM trademark does not apply in this geographic territory. Moldova is a member of the Madrid Protocol. Expansion of an international registration of a trademark via the Madrid System is therefore possible in this country. Whether you want to register your brand name in Moldova via the local or the international route depends entirely on your ambitions as an entrepreneur.

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