10-03-2010 (Newsletter Issue 15/10)IP Service List UpdatedThe Moldovan Intellectual Property Office (AGEPI) has published an updated list of its intellectual property services on its website, in effect since August 1st, 2010.
For more information please click hereSource: www.petosevic.com
Legal basis is the Law on Trademarks and Origin of Names no. 588-XIII of September 22nd, 1995, last amended in 2008.
Moldova is a member of the Madrid Agreement and the Madrid Protocol. Trademark protection is obtained by registration.
Trademarks which were protected in the former Soviet Union are protected in Moldova only, if they were transcribed within the period stipulated.
Nice classification, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks and collective marks.
The application is filed at the State Agency of Intellectual Property (AGEPI).
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from the first filing to registration is approximately from 12 to 14 months.
Before the trademark examination a trademark application is published in the Official Bulletin for Industrial Property.
The opposition period is 3 months from publication date of the application.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
6 months from the date of publication in the WIPO Gazette
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
The grace period for renewals isf 6 months after the expiration date of the trademark.
If the trademark has not been used within 5 years from registration or has later not been used for 5 consecutive years, it may be subject to cancellation.
The official fee for filing an application is EUR 240.00 for one class, EUR 50.00 for each additional class and EUR 250.00 for the registration and protection for 10 years (granting of Certificate).
Trademark Licence Agreement
In Moldova licences have to be granted in writing. Licensing of unregistered marks is not permitted. A trademark may be licensed for some or all of the goods or services. Licences may be exclusive or non-exclusive. A registered trademark may not be assigned without the consent of a licensee.
The following statutory provisions prescribe the terms of licensing:
1. The licence agreement should specify that the quality of goods produced or services rendered by a registered user should be the same or at least not inferior to the quality of the goods or services produced or rendered by the trademark owner.
2. The proprietor must exercise control over the fulfilment of these conditions. A licence agreement should exclude any terms or provisions that may lead to an abuse of rights or may have negative impact on competition.
There are provisions in law for the recordal of a licensee with the Trademark Office. The registration is not mandatory, but for state authorities such as customs and the courts licence agreements are valid only if registered in the State Agency of Intellectual Property. There is no time frame for a recordal. The licence agreement must be in writing for purposes of recordal.
There is no standard content but licence agreements should specify the following:
1. The type of the licence
2. The territory in which the rights will be exercised
3. Whether sub-licences may be granted
4. The period of validity of the licence agreement
A licence is effective and enforceable from the date of its registration in the State Agency of Intellectual Property. Publication is not required.
There is an evidentiary presumption that use by a recorded licensee is permitted use. The licensee can call upon the owner to institute infringement proceedings. A registered user can institute proceedings in his own name only if the licence is exclusive and only if the proprietor has been called upon to institute the proceedings and failed to do so in a good time. Users of other types of licences are entitled to institute proceedings only with the consent of the proprietor or if the right of a user to institute proceedings in his own name is clearly specified in the licence agreement. It should be specified in the licence agreement whether or not the licensee has to cite the owner as co-defendant in infringement proceedings.
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
|Word Mark Search (availability)
|Word Mark Search (identical)
|Extended Search (word mark, company name, domain)
|Device Mark Search (availability)
|Trademark Owner Search
|Company Name Search
|Domain Name Search (extended)
|i-Search (word mark availability + legal opinion)
The Prices above are S.M.D. Markeur Search Fees
We would like to thank the following law firms for their assistance in updating the information provided:
Agentia "Trei G" S.A., Kishinev, Moldova
IPR Group, Kiev, Ukraine