Examination of the opposition
After publication of the application in BOPI within 3 months, any interested person may file an opposition to registration on the basis of the provisions of Articles 8 and 7 of Law No 38/2008 on the protection of trademarks(hereinafter - Law No 38/2008) and Article 22 of Law No 66/2008 on the protection of geographical indications, appellations of origin and traditional specialties guaranteed (hereinafter - Law No 66/2008), Article 45 of Law No 161/2007 on the protection of industrial designs (hereinafter - Law No 161/2007), by filing the opposition application (hereinafter - application)with 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 registered office 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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- 1Step 1. Submission of the application
How to apply:
- 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. Form of the application forexamination of the opposition against the registration of the trade mark (https://www.agepi.gov.md/sites/default/files/formulations/F-02-TM-006-E-02-0037.doc)
2. Form of the application for examination of the opposition against the registration of the design
(https://agepi.gov.md/sites/default/files/formulations/F-02-DM-003-E-02-0040.doc).
publicService.channels.2.title - 2Step 2. Payment of the service
- directly at the counter;
- by bank transfer;
- through the government electronic payment service MPay (https://mpay.gov.md).
- 3Step3. Processing and Examination
Following receipt of the application by AGEPI, compliance with the conditions for filing the opposition shall be examined. The person filing the opposition becomes a party to the proceedings before AGEPI, respectively AGEPI within one month from the date of receipt of the opposition informs the opponent about its receipt, if following the examination of compliance with the conditions for filing the application it is found that the application meets the requirements. At the same time, AGEPI informs the applicant about the filed opposition, inviting him within 2 months from the date of receipt of the notification to state his point of view. If the applicant submits his point of view within that period, the response to the opposition will be sent to the opponent, i.e. the substantive examination of theapplication will be carried out, including the opposition with all existing materials.
Depending on the outcome of the substantive examination, AGEPI adopts one of the following decisions:
1. registeringthe trade mark/IG/DO/TSG/ID in whole or in part; or
2. rejecting the trade mark application//IG/DO/TSG/ID
The Decisions shall state that the opposition is well founded/partially well founded/not well founded.
publicService.disclaimerAgenția de Stat pentru Proprietatea Intelectuală
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