TRADEMARKS FILING AND PROSECUTION MOLDOVA
A trademark is a sign that is registered to distinguish a product or service in commerce. There are other types of signs used in trade that can also be registered with the State Agency on Intellectual Property (AGEPI) in Moldova, such as logos, designations of origin, geographical indications, collective marks, and certification marks.
In order to legally protect a trademark or other sign used in commerce, it is necessary to register it with the Moldova IP Office. In Moldova trademark protection is granted according to the provisions of Law No. 38/2008 on the Protection of Trademarks. However, the New Law on Trademarks No. 25/2024 was adopted on February 15, 2024, and is scheduled to enter into force on April 2, 2027. This new legislation aligns Moldovan law with EU standards as laid out in Directive (EU) 2015/2436.
Trademark in Moldova may be designated by the following symbols:
- ® (for a registered trademark)
- ™ (for an unregistered trademark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. The 2027 Act further facilitates the registration of non-conventional trademarks, such as those based on color, sound, or holograms, by removing the requirement for graphical representation that is present in most other countries, provided the mark can be represented in a clear and precise manner.
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.
The owner of the registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark, and can license it to the third parties, sell it in return of sum, use it raise equity for business undertakings.
| Relevant office | State Agency on Intellectual Property (AGEPI) |
| Filing principle | First to file |
| Nice classification | YES |
| Paris convention | YES |
| Madrid system | YES |
| Multi class system | YES |
| Documents required for filing a trade mark application | Name and address of the applicant; Clear representation of the trademark; List of goods and/or services in accordance with The Nice Classification; Simply signed Power of Attorney; Priority Documents if claiming priority; Foreign Applicants must be represented by a registered Moldovan Patent Attorney; |
| Prosecution process | Filing, formality examination, substantive examination (both absolute and relative grounds ex officio), registration, renewal The 2027 Act will change this process, and substantive examination ex officio will only be on absolute grounds and publication alongside opposition will address the relative grounds. |
| Registration term | 10 years from the date of application. |
| Renewal term | 10 years |
Trademark Searches in Moldova
Under the “First to File” principle, if any other applicants file applications for the identical or similar trademark used for identical or similar goods and services after the first applicant has applied, those later applications will be refused.
Therefore, it is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, existence of prior identical/similar marks on the register etc., so as to avoid any objection and opposition with respect to the mark.
A trademark search in Moldova can be conducted for word mark, numbers, images, etc. It is advisable to conduct comprehensive trademark clearance search in Moldova to ascertain availability of the proposed mark and also to overcome any objection and opposition with respect to the mark later on.
Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Moldova.
Filing Trademark Applications in Moldova
A person may file multi-class applications in Moldova. There is no limit on the number of classes but the fees to be paid for the application will increase with each additional class applied for.
Trademark application can be filed in the following categories:
• Ordinary Applications
• Convention application (claiming priority from a convention country)
Ordinary Application in Moldova
Ordinary applications filed in Moldova are applications filed without claiming any priority. However, the trademarks act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.
Priority Trademark applications in Moldova/ Convention trademark applications Moldova
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property
A priority trademark application may be filed in Moldova. It should be filed within 6 months after the date on which the application was made in the convention country along with documentary proof as required.
Trademark Classes for goods and services
Moldova follows the Nice classification of classes. Hence, the IP Office of Moldova groups together similar goods or services into 45 different classes. Classes 1 to 34 are assigned for the goods and classes 35 to 45 are assigned for the services. Each class contains well defined list of terms and cover all the goods and services.
Trademark Examination in Moldova
Once the application for registration is submitted, it goes through the examination process, which consists of a formality examination and a substantive examination. The formality examination checks the filing date, goods claimed to fall within trademark and other such formalities. The substantive examination occurs on the basis of Absolute Grounds of refusal (ex officio) and Relative grounds of refusal (currently also ex officio but will be majorly via opposition from April 2027).
(1) Absolute Grounds for refusal:
(a) designations not satisfying the requirements of Article 5 (basic requirements for a trademark);
(b) trademarks which do not possess distinguishing capacity;
(c) trademarks consisting only of designations or indications used in trade to indicate the form, quality, quantity, purpose, value, geographical origin, time of production of a good or provision of a service, or their other characteristics;
(d) trademarks consisting only of signs or indications which have become generally accepted in common parlance or fair and established commercial practice;
(e) trademarks consisting only of the shape of a good, established by its nature, or necessary for obtaining a technical result or providing it with substantive value;
(f) trademarks contravening ordre public or morals, or harming the image and interests of the State;
(g) trademarks which may be confused by users in relation to their geographical origin, or the quality or nature of goods or services;
(h) trademarks reproducing or imitating State coats of arms, flags and emblems, official or historical names of States or abbreviations thereof, full or abbreviated names of international and intergovernmental organizations, official control, guarantee and hallmarks, seals, awards and other signs of distinction, which in the absence of authorization from the competent authorities, shall be refused in accordance with Article 6ter of the Paris Convention for the Protection of Industrial Property of March 20, 1883 (hereinafter – Paris Convention);
(i) trademarks reproducing signs, emblems or badges which are not protectable in accordance with Article 6ter of the Paris Convention, and which are of particular public interest, excluding the cases where registration thereof is permitted by the competent authorities;
(j) trademarks with major symbolic significance, in particular religious symbols;
(k) 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 appellation of origin protectable on the territory of the Republic of Moldova;
From 2027: Applications filed in bad faith will be categorized as an absolute ground for refusal.
(2) Relative Grounds for Refusal (to be used via opposition from 2027):
(a) the trademark is identical to an earlier trademark registered in relation to identical goods and/or services;
(b) 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, including a risk of association with the earlier trademark;
(c) a trademark is identical or similar to an earlier trademark and is submitted for registration in relation to goods and/or services not similar 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.
Trademark Opposition in Moldova
The Opposition period is 3 months from the publication date of the application. Under the 2027 Law, the publication occurs after examination of absolute grounds. An opposition may be filed for by any person who believes that their rights are violated by the registration of the mark and after 2027 will be the primary venue for conflicts between similar marks
Trademark Registration in Moldova
The mark will be registered for a period of 10 years from the date of application. Once the registration fee is paid, the registration certificate is issued.
Trademark Renewal in Moldova
A trademark right can be renewed by filing a request for renewal six (6) months before the trademark right expires. Similar to many other jurisdictions, Moldova also allows for a 6-month grace period for renewal after the expiry date, provided an additional fee is paid.