Examination of the observation

After the publication of the application in BOPI within 3 months, any interested person may submit in writing to AGEPI reasoned observations based on the provisions of Article 7 ofLaw No. 38/2008 on the protection of trademarks (hereinafter - Law No. 38/2008) Article 44 of Law No. 161/2007 on the protection of industrial designs (hereinafter - Law No. 161/2007), by submitting the observation to AGEPI.

Note:

- Natural and legal persons having their domicile or registered office in the Republic of Moldova shall act before AGEPI in person or through a representative, empowered by power of attorney.

- Individuals and legal entities with domicile, respectively headquarters, permanently abroad act before AGEPI only through an authorized representative of the Republic of Moldova.

- If a foreign legal person is affiliated with a legal person having its domicile or headquarters in the Republic of Moldova, the former may act before the AGEPI through the affiliated person or its representative, empowered by a power of attorney. 


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    Step 1. Submission of observation

    Modalities for submitting the observation:

    - at the Agency’s counter atthe following address: Str. Andrei Doga no. 24, block 1, MD-2024, Chisinau, Republic of Moldova; 

    - online, by clicking on the link (https://e-service.agepi.gov.md/);

    - by e-mail, application@agepi.gov.md, (the application will be considered filed on the date of receipt of the e-mail, if AGEPI receives the original of the application within one month from the date of receipt of the e-mail, except for the electronic document signed with digital signature).

    Note:

    1. The observation shall be submitted in free form together with appropriate evidence.)


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    Step 2. Processing and Examination

    Following receipt of the observation by AGEPI, compliance with the conditions for submitting the observation shall be examined. Persons submitting observations shall not acquire the status of a party in the proceedings before AGEPI. If, following the examination of compliance with the conditions for submitting the observation, it is found that the application meets the legal requirements, AGEPI shall inform the applicant about the submitted observation, inviting him within 2 months from the date of receipt of the notification to state his point of view. If the applicant makes known his views within that period, the substantive examination of theapplication shall be carried out, including the submission of all submissions. 

    Depending on the outcome of the substantive examination, AGEPI adopts one of the following decisions/decisions:

    1. registration in whole or in part; or

    2. rejecting the application for registration.

    Decisions shall state that the observation is well founded/partially well founded/not well founded.

Agenția de Stat pentru Proprietatea Intelectuală
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