The current trademark regulations in Moldova are mainly based on the Trademark Protection Law No. 38-XVI of February 29, 2008. The Moldovan Intellectual Property Office is responsible for managing trademark affairs and the official language is Moldovan. The trademark registration in Moldova follows the principle of "application first". Trademark registration is not mandatory, but for better protection or renewal, it is best to register in accordance with the law.
Moldova is a party to international intellectual property treaties such as the Nairobi Treaty, Paris Convention, Convention Establishing the World Intellectual Property Organization, TRIPS Agreement, Trademark Law Treaty, and Vienna Agreement. It is a member of the Madrid Agreement and Madrid Protocol, and trademark registration can be processed through "single country registration" or "Madrid international registration".
At present, the Moldovan Intellectual Property Office adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Moldova include: text, letters, numbers, graphics, color combinations, three-dimensional logos, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Moldova must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a trademark in Moldova is: application announcement examination registration. The application will be accepted approximately one week after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. The opposition period is three months from the date of announcement, and anyone can raise an objection to the registration of the trademark. The main reasons for raising an objection are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Moldova takes about 2 years; If things don't go smoothly and there are rejections or objections, the time will be greatly extended.
The Moldovan trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.