Oct 20, 2021CIS Countries Sign New Cooperation Agreement against Use of False TMs and GIsOn May 28, 2021, the CIS Council of Heads of Government signed the Agreement on Cooperation of CIS Member States on Prevention and Suppression of Use of False Trademarks and Geographical Indications. The member states of the Commonwealth of Independent States are Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, and Uzbekistan.
The document replaces the existing Agreement signed in 1999, inspired by the TRIPS Agreement and the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods. It was aimed at establishing the coordination mechanism among the law enforcement bodies to protect the interests of rightsholders and consumers against unfair use of indications on products.
The reviewed act optimizes the arrangements of the Parties, adjusts terminology, and updates the legal acts underlying the cooperation. The new Agreement shall enter into force 30 days after the third Party deposits a written notification that it has completed its domestic procedures. For those Parties that complete their domestic procedures later, the Agreement shall enter into force 30 days after the deposit of their written notifications.
For more information, please check hereSource: www.rosepatent.gov; www.petosevic.com Feb 11, 2021 (Newsletter Issue 3/21)Common Practice on Likelihood of Confusion / Relative Grounds of RefusalOn Janurary 14, 2021, the State Agency on Intellectual Property (AGEPI) announced the adoption of the Practice Paper Likelihood of Confusion (impact of non-distinctive/weak components) - Relative Grounds of Refusal.
This Practice Paper has been prepared in line with the Common Communication resulting of the Common Practice of Trademarks developed by the European Union Intellectual Property Network (EUIPN) and aimed to give guidance regarding the impact of non-distinctive/weak components of the marks at issue on the assessment of likelihood of confusion. It has been tailor-made to the specificities of AGEPI, providing for an overview of the Office’s quality standards for substantive examination of trademarks.
The document provides a clear and comprehensive explanation of the principles on which the common practice of trademarks will be based. These principles will be generally applied and are aimed at covering the large majority of cases.
The document is divided into two parts; the first part summarises the criteria, while the second part provides a complete explanation of the specific criteria applicable in each case.
The practice paper can be seen in English and Romanian.Source: www.agepi.md; www.euipo.europa.eu Apr 02, 2020 (Newsletter Issue 5/20)Madrid e-Filing Service Available NowOn March 23, 2020, the State Agency on Intellectual Property of Moldova (AGEPI) is giving access to Madrid e-Filing service to trademark applicants via its website.
Brand owners will have the possibility to file international applications online and have direct access to Madrid Goods & Services Manager to check the classification of terms in their list of goods and services.
For more information, please check hereSource: www.wipo.int Sep 02, 2015 (Newsletter Issue 13/15)
Several IP Legislative Acts Amended
The State Agency on Intellectual Property announced on its website that amendments and additions to certain legislative acts in the field of intellectual property have been adopted in the Republic of Moldova on July 30, 2015, namely:
- Law No. 38-XVI of 29 February 2008 on the Protection of Trademarks;
- Law No.161-XVI of 12 July 2007 on the Protection of Industrial Designs;
- Law No. 39-XVI of 29 February 2008 on the Protection of Plant Varieties
The Law on Protection of Trademarks has been amended. It is now possible to register holograms, position, smell, touch and sound designations as a trademark. Also, amendments have been made concerning absolute and relative grounds for refusal, limitation of the exclusive right, rejection of the trade mark registration application and renewal of trademark registration, etc.
Further, the Law on the Protection of Industrial Designs has been amended. Some procedural aspects, in particular, concerning the filing of ID registration application, examination, withdrawal and renewal of registration has been modified.
Also, the Law on the Protection of Plant Varieties has been adjusted. In particular, the limitation of the right to the plant variety patent, use of the variety denomination and its amendment.
Source: www.agepi.md
Sep 16, 2014 (Newsletter Issue 14/14)Use of National SymbolsThe Moldovan State Agency on Intellectual Property (AGEPI) announced on its website that the Law on Approval of National Symbols Associated with Protected Geographical Indications (GI), Protected Appellations of Origin and Traditional Specialties Guaranteed entered into force in Moldova on 25 July 2014. The text of the law is available in Moldovan only.
According to AGEPI, the law and the Regulation on the national symbols prescribe that the symbols can be used free of charge only by natural or legal persons holding the right to use a protected geographical indication or a protected appellation of origin or by natural or legal persons that meet the specifications for a traditional specialty guaranteed. The symbols can be used on products, labels and/or packaging materials, in advertising or in accompanying documents.
The national symbols were selected by the National Commission following a national contest that the Moldovan government had organized.
Source: www.petosevic.com Jun 10, 2014 (Newsletter Issue 9/14)New Service of E-FilingThe State Agency on Intellectual Property (AGEPI) officially launched the web service “Online Filing of Applications for Registration of Intellectual Property Objects”, which can be accessed at the addresses www.e-agepi.md and www.servicii.gov.md.
The purpose of the launched platform is to provide quality services to citizens and business environment from Moldova and abroad, in the registration of trademarks, inventions, industrial designs, works, phonograms, and other intellectual property objects.
The system enables remote communication without the applicant being forced to move to the AGEPI. At the same time, the user will have a high level of security and confidentiality of information. In addition, on-line filing service enables the efficient administration of time and reduction of personal expenses. In the same vein, service users benefit from a modern system of payment, including by bank card, from advance, in cash or MPay service. Important is that the applicant is not withhold any additional fee in connection with the use of on-line filing system.
Source: www.agepi.gov.md Oct 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 Protection of Trademarks no. 38-XVI of February 29, 2008.
Moldova is a member of the Madrid Agreement and the Madrid Protocol and of the Singapore Treaty, as well as Trademark Law Treaty (TLT).
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, 11th edition
According to Art. 2 of the Law on the protection of trademarks (as amended by the Law No. 162 of July 30, 2015) trademark is any sign (visual, auditory, olfactory, tactile), used to individualize and distinguish the goods and/or services of a natural or legal person from those of other natural or legal persons.
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, provided that such designations allow the goods and/or services of one natural person or legal entity to be distinguished from the goods and/or services of other natural persons or legal entities.
The following trademark types are registrable: trademarks, service marks, certification trademark (sign of correspondence) and collective marks.
The application is filed at the State Agency on Intellectual Property (AGEPI).
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants who apply for a trademark in Moldova are not required to be owner of the same trademark in their home Country.
The application process includes a formal examination and a substantive examination. Before substantive examination the trademark application is published in the Official Bulletin of Intellectual Property.
The trademark can be provisionally refused because it lacks distinctiveness, based on an earlier right or based on an opposition filed by a third party.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use in the territory of the Republic of Moldova.
The processing time from the first filing to registration is approximately from 11 to 14 months.
National:The opposition period is 3 months from publication date of the application.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe 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).
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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Nov 05, 2020
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