Trademarks Law in Moldova
Trademark Law in Moldova
1. Legal Framework
Trademark protection in Moldova is governed by:
Law on Trademarks and Geographical Indications No. 140-XVI (adopted in 2007, amended several times)
Administered by the State Agency on Intellectual Property (AGEPI)
Moldova is a member of:
Paris Convention for the Protection of Industrial Property
Madrid Protocol (joined in 2006)
TRIPS Agreement
2. What Can Be Registered as a Trademark?
Trademarks may consist of:
Words, names, letters, numerals
Logos, designs, symbols
Colors, shapes, sounds (if capable of graphical representation)
Three-dimensional marks
Collective marks and certification marks
The mark must be distinctive and not misleading or contrary to public order.
3. Trademark Registration Process
Filing Authority: State Agency on Intellectual Property (AGEPI)
Process:
Application Filing with representation of the mark and list of goods/services (Nice Classification)
Formal Examination
Substantive Examination to assess distinctiveness and possible conflicts
Publication in the Official Gazette for opposition
Opposition Period: 2 months from publication
Registration if no opposition or opposition unsuccessful
4. Duration and Renewal
Registered trademarks are protected for 10 years from the application date.
Can be renewed indefinitely for successive 10-year periods.
Renewal applications must be filed before expiration, with a grace period and surcharge for late renewal.
5. Rights Conferred
Exclusive right to use the trademark in Moldova on registered goods/services.
Right to prevent unauthorized use, imitation, or dilution.
Right to license, assign, or pledge the trademark.
6. Infringement and Enforcement
Trademark infringement includes unauthorized use of identical or confusingly similar marks.
Enforcement includes:
Civil actions for injunctions and damages.
Administrative penalties.
Criminal liability for counterfeiting.
Customs measures for border control.
7. International Protection
Moldova is a member of the Madrid Protocol, enabling international trademark registration designating Moldova.
Recognizes priority rights under the Paris Convention.
Summary
| Feature | Details |
|---|---|
| Governing Law | Law on Trademarks and Geographical Indications No. 140-XVI |
| Registration Authority | State Agency on Intellectual Property (AGEPI) |
| Protection Duration | 10 years, renewable indefinitely |
| Opposition Period | 2 months after publication |
| Madrid Protocol Member | ✅ Yes |
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