Replacement of the national trademark by an international registration
If a trademark is simultaneously the subject of a national registration in the Republic of Moldova and the subject of an international registration with effects for the Republic of Moldova, as well as if the two registrations are registered in the name of the same person, it is considered that the international registration, without prejudice to the rights acquired through the national registration, can replace the latter. Substitution may take place only on condition that:
1) protection resulting from international registration to extend to the Republic of Moldova;
2) all goods and services listed in the national registration shall also be present in the international registration in respect of the Republic of Moldova;
3) the abovementioned extension shall take effect after the date of national registration.
The application for the substitution of a trademark registered in the National Trademark Register with an international registration shall be filed with the AGEPI by the holder through an authorized representative and shall be subject to fees.
The application can be filed at any time after the notification made by the International Bureau on the international registration subject to substitution, but the registration of substitution in the National Register of Trademarks will be made only after the international registration will obtain protection on the territory of the Republic of Moldova.
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- 1Step 1. Submission of the application
How to submit the application :
- at the AGEPI, address: 24/1, Andrei Doga Str., MD-2024, Chişinău, Republic of Moldova;
- online, by following 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 the AGEPI receives the original application within one month from the date of receipt of the e-mail, except for the electronic document signed with digital signature).
Note:
Application form for substitution of a national registration by an international registration (https://www.agepi.gov.md/sites/default/files/forms/F-02-TM-004-E-02-0035.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).
- 3Step 3. Verification of the conditions for the execution of the procedure
After receiving the application for substitution AGEPI will check if :
1) the international registration and the national trade mark that is the subject of the substitution refer to the same sign;
2) the national trademark was registered prior to the designation of the Republic of Moldova through the international registration;
3) all goods and services listed in the national registration are also present in the international registration in respect of the Republic of Moldova;
4) the national mark and the international mark are registered in the name of the same owner;
5) international registration has obtained protection on the territory of the Republic of Moldova;
6) the fee has been paid.
- 4Step 4. Registration in the National Trademark Register and publication in BOPI and notification to the International Bureau of WIPO
If the application for substitution satisfies all the conditions laid down in the Law and this Regulation, AGEPI shall enter in the National Trademark Register the mention on substitution and this fact shall be published in BOPI and shall be notified to the International Bureau.
publicService.disclaimerAgenția de Stat pentru Proprietatea Intelectuală
Agenția de Stat pentru Proprietatea Intelectuală
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