Trademark registration

Trademark registration shall grant the owner the exclusive right to dispose of the trademark, to use it, as well as the right to prohibit other persons from using it on the territory of the Republic of Moldova for the entire period of validity of the trademark.

The grant of trademark registration and protection may be requested by any natural person or legal entity by filing a trademark registration application (hereinafter - application) with the AGEPI.

- Natural persons and legal entities which have their place of residence, respectively, main place of business in the Republic of Moldova, entitled to obtain the legal protection of a trademark, shall act before AGEPI personally or through a representative, empowered by a power of attorney.

- Natural persons and legal entities which have their permanent place of residence, respectively, main place of business abroad shall act before AGEPI only through an authorized attorney from the Republic of Moldova.

- If a foreign legal entity is affiliated with a legal entity which has its place of residence in the Republic of Moldova, the first may act before AGEPI through its affiliated person or its representative, empowered by a power of attorney.

Note: Detailed information can also be found on the website  https://www.agepi.gov.md/ro/trademarks/presentation

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    Step 1. Filing of the application

    Application filing methods:

    - with the Agency counter at the address: 24/1, Andrei Doga Str., MD-2024, Chisinau, Republic of Moldova;

    -   online, by accessing the link (https://e-servicii.agepi.gov.md/);

    -   by e-mail, cerere@agepi.gov.md, (the application shall be deemed filed on the date of receipt of the e-mail, if 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:

    1. Application filing form (https://www.agepi.gov.md/sites/default/files/formulare/F-02-TM-001-E-03-0032.doc)

    2. Guide to Completing the Application Form (https://www.agepi.gov.md/sites/default/files/formulare/ghid/gh-2123-0032_.pdf)

    3. Where appropriate, the form for filing the request for the grant of discounts for small and medium-sized enterprises

    (https://www.agepi.gov.md/sites/default/files/formulare/F-06-CC-017-E-01-0839.doc)

    4. Where appropriate, the form for filing the request for discounts for natural persons

    (https://www.agepi.gov.md/sites/default/files/formulare/F-06-CC-016-E-01-0837.doc)

    5. Where appropriate, the request form for examination of the appeal against the notice of provisional refusal of the application for trademark registration (https://www.agepi.gov.md/sites/default/files/formulare/F-02-TM-005-E-03-0036.doc)

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    Stepl 2. Payment of the Service

    - directly at the counter;

    - by bank transfer;

    - through the government electronic payment service MPay (https://mpay.gov.md). 

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    Step 3. Processing and Examination

    Following the receipt of the application by AGEPI, compliance with the requirements for the awarding of a filing date shall be examined, including the examination of the other application filing requirements. If, following the examination of the compliance with the application filing requirements, it is found that the application complies with the requirements of Law No. 38/2008 on the Protection of Trademarks (hereinafter - Law No. 38/2008) and the Regulations on the Procedure for Filing, Examination and Registration of Trademarks, the application data shall be published in BOPI.

    If the application does not comply with the filing requirements, a decision shall be issued by which the application is deemed not to have been filed or withdrawn.

    The substantive examination of the application shall be carried out concerning the compliance with the trademark protection requirements (namely existence of absolute grounds for refusal (provided for in Art. 7) and relative grounds (provided for in Art. 8) as well as the examination of oppositions/observations in case these have been filed.

    If a trademark does not comply with the requirements for registration on absolute or relative grounds for refusal, as defined by Art. 7 and 8, for all or part of the goods and/or services for which it is requested, the application for registration of the trademark shall be refused in relation to the corresponding goods and/or services. Thus, AGEPI shall issue a provisional notice of full or, as appropriate, partial refusal of the trademark registration and grant the applicant a 2-month period from the date of receipt of the notice to withdraw the application for one or more classes of goods/services, to amend the application or to file appeals to the notice of provisional refusal.

    Depending on the substantive examination results, AGEPI shall take one of the following decisions:

    1. concerning the full or partial registration of a trademark; or
    2. on the refusal of the trademark registration application.


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    Step 4. Issuance of trademark registration certificate/withdrawal of the application for renewal of trademark registration

    In case of issuing the decision to register the trademark in whole or in part, and in case of compliance with the trademark registration requirements, AGEPI shall register the trademark, provided that the fee has been paid and shall issue the certificate of trademark registration within the established term.

    If the application does not comply with the trademark registration requirements, AGEPI shall issue the decision to withdraw the trademark registration application.

    Note: Any decision on trademark registration applications may be challenged in the Appeals Board of AGEPI by the parties within 2 months of the date of its receipt or by third parties holding information related to the registration concerned - within the period between the date of issuance of the decision and the date of registration thereof. 

Agenția de Stat pentru Proprietatea Intelectuală
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