Unofficial translation  
 
PARLIAMENT OF  THE REPUBLIC OF MOLDOVA  
 
L A W  
on the Protection of Trademarks  
 
No. 38 -XVI of February 29, 2008  
 
Official Gazette (“Monitorul Oficial”) n o. 99 -101/362 of June 6, 2008  
 
(as amended  by the Law no.162 of 30.07.2015  
the L aw no.20 of 23.02.2012 , the Law no.173 of 25.07.2014 ) 
 
*** 
TABLE OF CONTENTS  
 
Chapter  I 
BASIC PROVISIONS  
 
Article 1 . Scope  and legal basis  
Article 2.  Basic concepts  
Article 3.  Legal protection  
Article 4 . National Office  
 
Chapter II  
SUBSTANTIVE TRADEMARK LA W 
 
Section  1 
Trademarks.  Grounds for refusal of trademark registration  
 
Article 5.  Trademarks  
Article 6 . Trademark owner  
Article 7 . Absolute grounds for refusal  
Article 8.  Relative grounds for refusal  
 
Section  2 
Effect of trademark registration  
 
Article 9 . Right granted by trademark registration  
Article 10.  Limitation of exclusive right  
Article 11 . Trademark entry in dictionaries  
Article 12.  Prohibition on use of a trademark registered in the name of an agent or 
representative  
Article 13.  Exhaustion of a t rademark right  
Article 14 . Requirement of trademark use   page 2 
 
Section  3 
Term of trademark protection.  Extension, amendment  
and division of trademark registration  
 
Article 15.  Term of protection of a registered trademark  
Article 16.  Renewal of trademark registr ation  
Article 17.  Introduction of amendments  
Article 18 . Division of registration  
 
Section  4 
Termination of rights in a trademark  
 
Article 19.  Refusal of a trademark  
Article 20.  Deprivation of trademark rights  
Article 21.  Absolute grounds for invalidity  
Article 22.  Relative grounds for invalidity  
Article 23.  Limitation of rights resulting from owner’s inactivity  
Article 24.  Consequences of deprivation of rights and recognition of trademark 
invalidity  
 
Part 5  
Transfer of rights in a trademark  
 
Article 25.  Transfer of rights  
Article 26.  Assignment agreement and transfer  
Article 27 . Licensing agreement  
 
Chapter III  
TRADEMARK REGISTRATION  
 
Section  1 
Trademark registration application  
 
Article 28.  Filing of a trademark registration application  
Article 29.  Represe ntation  
Article 30.  Trademark registration application  
Article 31.  Application filing date  
Article 32.  [excluded by the Law  no. 20 of  23.02.2012,  in force  from 20.04.2012 ] 
 
 
Section 11 
Recognition of  trademark as well known  
[Section 11 inserted by  the Law  no. 20 of  23.02.2012,  in force  from 20.04.2012 ] 
Article 321. Protection of a well known trademark  
Article 322. Filing a  claim for recognition of a trademark as well known   page 3 
Article 323. Content of the claim for recognition of a trademark as well known  
Article 324. Materials attached to the claim for recognition of a trademark as well known  
Article 325. Criteria for recognition of a trademark as well known  
Article 326. Examination of the  claim for recognition of a trademark as well known  
Article 327. Decision on for recognition of a trademark as well known  
 
 
 
Section  2 
Priority  
 
Article 33.  Right of priority  
Article 34.  Effect of right of priority  
Article 35.  Exhibition priority  
Article 36.  Request for priority  
 
SectionSection 3 
Registration proce dure  
 
Article 37.  Examination of observance of registration application filing requirements  
Article 38.  Publication of a registration application  
Article 39.  Comments  by third parties  
Article 40.  Objections  
Article 41.  Substantive examination  
Article 42.  Examination of objections  
Article 43.  Refusal  of a trademark registration application  
Article 44.  Withdrawal, limitation and amendment of a trademark registration 
application  
Article 45.  Division of a trademark registration application  
Article 46.  Trademark  registration  
Article 47.  Challenging decisions on trademark registration applications  
Article 48.  Examination of challenges  
Article 49.  Restoration of rights  
Article 50.  Extension of deadlines and restoration of a missed deadline  
 
Chapter IV  
COLLECTIVE TR ADEMARKS AND  
CERTIFI CATION  TRADEMARKS  
 
Article 51.  Collective trademarks  
Article 52.  Regulations on use of a collective trademark  
Article 53.  Refusal of a collective trademark registration application  
Article 54.  Amendments to regulations on use of a colle ctive trademark  
Article 55.  Filing  a suit for protection of rights in a collective trademark  
Article 56.  Grounds for deprivation of rights in a collective trademark  
Article 57.  Grounds for invalidity of a collective trademark   page 4 
Article 58.  Certification trad emarks (signs of correspondence)  
 
Chapter V  
PUBLIC INFORMATION  
 
Article 59.  National Register of Trademarks  
Article 60.  Periodicals  
 
Chapter VI  
OBSERVANCE OF RIGHTS  
 
Article 61.  Protection of rights  
Article 62.  Suit concerning announcement of non -infringem ent of rights  
Article 63.  Measures for provision of proof prior to bringing a suit  
Article 64.  Provision of evidence  in urgent  cases  
Article 65.  Invalidity of measures for provision of evidence  
Article 66.  Presentation  and provision of  evidence  within the framework of a suit  for 
the infringement of rights  
Article 67.  Right to information  
Article 68.  Measures for filing  a suit for infringement of rights  
Article 69.  Corrective measures  
Article 70.  Implementation of court decisions  
Article 71.  Alternative meas ures 
Article 72.  Compensation for damage  
Article 73.  Advertising measures  
 
Chapter VII  
INTERNATIONAL REGISTRATION OF TRADEMARKS  
 
Article 74.  Basic provisions  
Article 75.  International application  
Article 76.  International registration fees  
Article 77.  International application verification procedure within the Agency  
Article 78.  Request for  subsequent indication  
Article 79 . Procedure for examining an international registration communicated by 
the International Bureau  
Article 80 . Effect  of an international r egistration with the indication Republic of 
Moldova  
Article 81 . Replacement of a national trademark with an international registration  
Article 82 . Transformation  of an international registration into a national application  
 
Chapter VIII  
GENERAL PROVISIONS  
 
Article 83.  Competence to settle disputes  
Article 84.  Fees  page 5 
Article 85.  Rights of foreign natural persons and legal entities  
 
Chapter IX  
FINAL AND TRANSITIONAL PROVISIONS  
 
Article 86.  Entry into force and applicability of this Law  
Article 87.  Organization of implementation of this Law  
 
The Parliament hereby adopts this Basic Law.  
 
This Law creates an essential basis for the application of  Council Regulation (EC)  
no.207/2009 of  February  26, 2009 on the Community trademark (published in the 
Official Journal  of the European Union  no. L 78 of  March  24, 2009 , Commission 
Regulation (EC) No. 286 9/95 of December 13, 1995 implementing  Council Regulation 
(EC) No. 40/94 of December 20, 1993 on the Community Trade Mark (published in the 
Official Journal of the Europe an Union, No. L 303 of December 15, 1995);  Directive 
2004/48/EC of the European Parliament and of the Council of April 29, 2004 on the 
Enforcement  of Intellectual Property Rights (published in the Official Journal of the 
European Union, No. L 157 of April  30, 2004).  
 
Chapter I  
BASIC PROVISIONS  
 
 Article 1.  Scope  and legal basis . 
 
(1) This Law shall regulate the legal relations arising in the process of registration, 
legal protection and use of trademarks.  
 
(2) The legal relations  indicated in paragraph (1) shall also be regulated by the 
Constitution of the Republic of Moldova, the Civil Code of the Republic of Moldova, the 
Code of Science and Innovations of the Republic of Moldova , the Customs Code of the 
Republic of Moldova, international agreements, to w hich one of the parties is the 
Republic of Moldova , and other normative acts.  
 
(3) If the international agreements in a given field, to which the Republic of Moldova 
is one of the parties, establish rules other than those contained in this Law, the rules o f 
the international agreements shall apply.  
 
 Article 2.   Basic concepts  
 
 For the purposes of this Law, the following basic concepts shall apply:  
 
trademark  – 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 ; 
  page 6 
 collective trademark  – a trademark used by an association of manufacturers, 
producers, service providers or salesmen, or by other similar organizations to desig nate 
their goods and/or services;  
 
 certification trademark  (sign of correspondence ) – trademark used to certify the 
specific  characteristics of a good and/or service;  
 
 well-known trademark  – a trademark well known in the Republic of Moldova at 
the regist ration application filing date or at the priority date requested in the application 
within a relevant  circle of people in relation to the goods and/or services for which the 
trademark is used, without the need for registration or use of a well -known tradem ark in 
the Republic of Moldova for its opposition;  
 
 applicant  – a natural person or legal entity or a group of natural persons and/or 
legal entities , in whose name a trademark registration application is filed;  
 
 patent attorney  – a natural person certifi ed and registered in accordance with the 
established procedure, representing the interests of national or foreign natural persons and 
legal entities and providing them with the necessary assistance in the field of protection 
of industrial property subject matter;  
 
           agent or representative of the trademark owner - a natural or  legal person  in any 
type of relationship with the trademark owner  based on  a commercial cooperation 
agreement  in writing or orally, that would create  a relationship  of trust  to require the 
applicant of the trademark , expressly  or implicitly , a general obligation  of trust and  
loyalty in relation  to the interests  of the owner ; 
 
 international application  – an application for international trademark registration, 
filed in accordan ce with the Madrid Agreement, the Protocol to that Agreement  or, in 
appropriate cases, in accordance with both;  
 
 international registration  – registration of a trademark in accordance with the 
Madrid Agreement or the Protocol  to that Agreement ; 
 
 Internat ional Register  – official collection of data concerning international 
registrations, kept by t he International Bureau, recordal  of which is provided for by the 
Madrid Agreement, the Protocol to that Agreement  or the Administrative Instructions , 
irrespectiv e of the format in which they are stored;  
 
 Administrative Instructions  – Administrative Instructions  for the Application of 
the Madrid Agreement and the Protocol  to that Agreement ; 
 
 countries of the Union  – countries to which the Paris Convention applies  and 
which have acceded to the Union for the protection of industrial property.  
 
 Article 3 .  Legal protection   page 7 
 
 The rights in a trademark shall be acquired and protected on the territory of the 
Republic of Moldova by means of:  
 
(a) registration in accordance with the provisions of this Article;  
(b) international registration in accordance with the Madrid Agreement Concerning  
the International Registration of Marks of April 14, 1891  (hereinafter – Madrid 
Agreement ) or the Protocol Relating to the Madrid Agreement Concerning  the 
International Registration of Marks of June 27, 1989 (hereinafter – Protocol to the 
Agreement ); 
(c) recognition of a trademark as well known.  
 
Article 4.  National Office  
 
 (1)  The State Agency of Intellectual Property (AGEPI) (hereinafter – Agen cy) 
shall be the National Office in the intellectual property sphere and shall be the only 
authority providing, in accordance with this Law, protection for trademarks on the 
territory of the Republic of Moldova.  
 
 (2)  The Agency  shall : 
 
(a) devise draft l egislative and other normative acts in the field of trademarks, 
instructions and other materials required for applying this Law;  
 
(b) receive and examine applications for the registration of trademarks, register and 
issue on behalf of the State trademark r egistration certificates, and publish official data in 
the Official Bulletin of Industrial Property of the Republic of Moldova (hereinafter –   - 
BOPI ); 
(c) acquire and store the National Collection of Trademarks;  
(d) serve as the Receiving  Office for int ernational trademark registration applications 
which have the Republic of Moldova as the country of origin and are filed by national or 
foreign applicants in accordance with the provisions of the Madrid Agreement and the 
Protocol Relating Thereto;  
(e) keep  the National Register of Trademark Registration Applications and the 
National Register of Trademarks , under the Regulation on the Procedure of Filing, 
Examination and Registration of Trademarks, approved by the Gove rnment (hereinafter 
Regulation ); 
(f) examine and register licensing , assignment and franchising agreements relating 
to rights in a trademark;  
(g) perform other functions, as provided for by the law.  
 
(3) The Agency shall represent the Republic of Moldova in the World Intellectual 
Property Organ ization, and in other international and intergovernmental organizations for 
the protection of intellectual property, and shall maintain cooperative r elations with them 
in this area.  
[Art. 4(3), letter f) modified by  the Law no.173 of 25.07.14]   page 8 
 
Chapter II  
SUBSTANTIVE TRADEMARK LAW  
 
Section  1 
Trademarks.  Grounds for refusal of trademark registration  
 
 Article 5.  Trademarks  
 
A trademark may consist of any signs:  
            a) capable of being represented graphically – particularly words (including 
personal  names), letters, numerals, designs, colours, combinations of colours, figurative 
elements, three -dimensional shapes, particularly the shape of goods or of their packaging, 
holograms, positioning signals;  
           b) auditory , olfactory,  tactile,  and any  combinations of such signs, provided that 
they are used to distinguish  the goods and/or services of a natural or legal person from 
those of other natural or legal persons.  
 
 Article 6.  Trademark owner  
 
A trademark owner shall be any natural person or leg al entity, or group of natural 
persons and/or legal entities, in whose name a trademark is protected in accordan ce with 
this Law.  The right s acquired by means of the entry of a trademark in the National 
Register of Trademarks  shall be confirmed by a docum ent providing protection – 
trademark registration certificate.  The rights in a trademark may be acquired individually 
or in the form of joint indivisible property.  The procedure for use of rights of co -
ownership in a trademark shall be established by an agreement concluded between the 
co-owners.  In the opposite case, a dispute shall be settled by the competent judicial 
authority.  
 
 Article 7.  Absolute grounds for refusal  
 
(1) Registration shall not be permitted for:  
 
(a) designations not satisfying the r equirements of Article 5;  
(b) trademarks which do not possess distinguishing capacity;  
(c) trademarks consisting only of designations or indications used in trade to indicate 
the form, quality, quantity, purpose, value, geographical origin, time of product ion of a 
good or provision of a service, or their other characteristics;  
(c1)   trademarks consisting exclusively of signs of eulogistic nature;  
              
 
(d) trademarks consisting only of signs or indications which have become generally 
accepted in c ommon parlance or fair and established commercial practice;  
(e) trademarks consisting only of the shape of a good, established by its nature, or 
necessary for obtaining a technical result or providing it with substantive  value;   page 9 
(f)    trademarks capable of  causing damage to the image and/or interest of the state or 
contravening ordre public or morality, particularly anti -human appeals, words, indecent 
reproductions and signs, as well as those that would harm the dignity of persons, 
minorities, ethnic groups , nations, their religious, national, professional feelings etc.;  
 
 (g) trademarks which may be confused by users in relation to their geographical origin, 
or the quality or nature of goods or services;  
 (h) trademarks reproducing or imitating State coats of arms, flags and emblems, full or 
abbreviated names of international and intergovernmental organizations, official control, 
guarantee and hallmarks, seals, awards and other signs of distinction, which in the 
absence of authorization from the competent au thorities, shall be refused in accordance 
with Article 6 ter of the Paris Convention for the Protection of Industrial Property of 
March 20, 1883 (hereinafter - Paris Convention ); 
(i) trademarks reproducing the official or historical name of the State or its  
abbreviation or names of administrative -territorial units, signs, emblems or badges which 
are not protectable in accordance with Article 6 ter of the Paris Convention, and which are 
of particular public interest, excluding the cases where registration ther eof is permitted by 
the competent authorities;  
(j) trademarks with major symbolic significance, in particular religious symbols;  
(k) trademarks containing or consisting of:  
 
- a geographical indication intended to identify wines or other alcoholic products  
provided that the application for the registration of a trademark is made subsequently to 
the application for the registration of a geographical indication or an appellation of 
origin ;  or 
- a designation, identical or similar to a geographical indication o r appellation of 
origin protectable on the territory of the Republic of Moldova;  
 
 in cases where the origin of a good does not correspond to a geographical indication 
or an appellation of origin, even if the genuine place of origin of the good is indicate d or 
if the geographical indication or appellation of origin is used in translation or in 
combination with words such as “form” , “type”, “style”, “imitation” or similar, and also 
where trademarks are requested for goods not covered by a protectable geograp hical 
indication or appellation of origin, insofar as these goods are comparable with goods in 
relation to which a geographical indication or appellation of origin is protected, or to the 
extent which unjustified use of a requested trademark will allow an unlawful  advantage 
to be gained from the reputation of a protectable geographical indication or appellation of 
origin.  
(l)    trademarks to the extent that their use is contrary to other laws than those in 
intellectual property.  
 
(2) The provisions of paragraph  (1)(b) -(d) shall not apply, if an applicant provides 
sufficient proof of the fact that the trademark has acquired, as a result of use, 
distinguishing capacity in relation to claimed goods and/or services prior to the filing date 
of an application  or its registration.  
  page 10 
(3) The designations indicated in paragraphs (1)(h) and (i) may be included in a 
trademark as non -protectable elements, if they do not occupy therein a dominant position 
and if a corresponding decision has been issued by the competent au thority.  In the 
Republic of Moldova the  competent authorities shall be:  Government – for the use of the 
official or historical name of the State; ministr ies – for the use of official control, 
guarantee and hallmarks, and seals, approved by the correspond ing ministries ; local 
councils – for the use of names of administrative -territorial units . 
 
(4) Geographical indications and appellations of origin protectable on the territory of 
the Republic of Moldova may be included in a trademark only where an applica nt has the 
right to use a protectable geographical indication or appellation of origin.  The 
geographical indications of other States shall be permitted for use in a trademark if this 
does not contravene the provisions of this Law and if registration exist s in the country of 
origin.  Protectable geographical indications and appellations of origin, included in a 
trademark, shall be non -protectable elements  of the trademark.  
 
 Article 8.  Relative grounds for refusal  
 
(1) Apart from a refusal on the grounds pr ovided for by Article 7,  trademark 
registration shall also be refused if:  
 
(a) the trademark is identical to an earlier trademark registered in relation to identical 
goods and/or services;  
(b) a trademark is identical or similar to an earlier trademark and because  it is identical 
or similar to the goods and/or services indicated by both trademarks, there is a risk of 
confusion, including a risk of association with the earlier trademark;  
(c) a trademark is identical or similar to an earlier trademark and is submitted fo r 
registration in relation to goods and/or services not similar to those for which the earlier 
trademark is registered, if the earlier trademark is well known in the Republic of 
Moldova and if unjustified use of the requested trademark would cause an un lawful 
advantage owing to the distinguishing capacity or well -known nature of the earlier 
trademark or would have caused harm thereto.  
 
(2) As per paragraph  (1), earlier trademarks shall be:  
 
(a) trademarks, the application filing date or, in appropriate case s, priority date of 
which, pursuant to Article 34, precedes the filing date of an application for trademark 
registration, taking into account as appropriate the right of priority according to Article 
33 or, depending on the case, Article 35, requested in relat ion to a trademark, and which 
relate to the following categories:  
 
- trademarks registered in the Republic of Moldova;  
- international registrations, the effect of which extends to the Republic of Moldova;  
 
(b) applications for registration  of the trademarks i ndicated in (a), provided that  they 
have been registered;   page 11 
 
(c) trademarks which at the filing date of the application for trademark registration or, 
in appropriate cases, the priority date according to Article 36, requested in the 
application, shall be rec ognized as well known in the Republic of Moldova in accordance 
with Article 6 bis of the Paris Convention.  
 
(3) Trademark registration  shall also be refused  where  it infringes a  previously  acquired 
right,  other  than those provided  in paragraphs  (2) and  (4), in particular  the right to  name,  
image, including  the name or image of  a notorious person  in the Republic of Moldova , 
copyright , the right to  a protected geographical indication  or a protected appellation of 
origin , a protected industrial design  or anothe r intellectual property right  protected  under 
the law.  
 
(4)      In the event of opposition, trademark registration shall also be refused, insofar as it 
is shown that:  
 
(a) the rights to a non -registered trademark or other sign used in the course of trade,  
including the name of the legal entity, were obtained by the opponent prior to the filing 
date of the trademark registration  application or prior to the priority date claimed in 
support of this application, in appropriate cases, and are confirmed by a le gal act or 
evidence showing that on the market of the Republic of Moldova either there have been 
placed products and/or services identical or similar to those requested, marked with that 
sign, or are promoted or is being negotiated the promotion/ placement  of products and/or 
services identical or similar to those requested, marked with the corresponding sign that 
enjoys protection and has a reputation in a State party to the Paris Convention or the 
Agreement on Establishing the World Trade Organization, and   the use of the requested 
trademark would create a likelihood of confusion with the earlier mark or without 
justified grounds would take advantage of the reputation of the sign;  
 
(b) the agent or representative of the owner of that trademark in one of the  countries of 
the Union requests the registration thereof in his own name, without the owner`s 
authorization, unless the agent or representative of the proprietor justifies his action.  
 
(5) Registration of a designation as a trademark may not be refused on  the grounds 
provided for by paragraphs  (1) and ( 3), if the owner of an earlier trademark or the holder 
of a prior right, or its legal successor, or in appropriate cases the competent authority for 
the protection of cultural values of the State has express ly given its consent to registration 
of a later designation, excluding identical trademarks requested in relation to identical 
goods and/or services.  
 
(6) The nature of goods and/or services in relation to which trademark registration is 
requested shall in  no case be an obstacle to the registration of such a trademark.  
  page 12 
Section 2 
Effect  of trademark registration  
 
 Article 9.  Right granted by trademark registration  
 
(1) Trademark registration shall grant the owner the exclusive right in a trademark.  
The tra demark owner shall be entitled to prohibit third parties from using, in their 
commercial activity, without its consent:  
 
(a) a designation identical to a trademark for goods and/or services identical to goods 
and/or services for which the trademark was registe red; 
 
(b) a designation which, because it is identical or similar to a registered trademark and 
because it is identical or similar to goods or services for which it is used as a designation 
and also as a trademark, causes a risk of confusion by a user, includi ng the risk of 
association of the designation and the t rademark; 
 
(c) a designation identical or similar to a trademark for goods and/or services different 
from those for which the trademark is registered, if the latter has become well known in 
the Republic of  Moldova and, as a result of unjustified use of a designation, a third party 
gains an advantage from the distinguishing capacity or well -known nature of the 
trademark or causes harm thereto.  
 
(2) In accordance with paragraph  (1), a trademark owner may dema nd a prohibition on 
third parties performing the following acts:  
 
(a) using a designation on goods or on packaging, and also using it as packaging in the 
case of three -dimensional trademarks;  
 
(b) offering goods for sale or selling or storing them for this purpose , or in appropriate 
cases offering or providing services using such a designation;  
 
(c) import or export of goods using such a designation;  
 
(d) using a designation on business documents or for advertising purposes;  
 
(e) reproduction , storage or sale of a designation for the purposes indicated in 
paragraphs (a) -(d); 
(f) using a designation  on the Internet , inclusively as a  domain name . 
 
(3) The exclusive right in a trademark shall be valid for third parties from the date of 
publication of a decision to register the tradema rk in the BOPI  or from the date on which 
information on trademark registration is entered in the International Register.  At the 
same time, reasonable compensation may be requested within the limits of the harm 
caused as a result of these acts, performed a fter publication of the trademark registration 
application, which are prohibited after the publication of trademark registration.  The  page 13 
court with which a suit is filed on the corresponding case shall not be entitled to make a 
substantive decision prior to publication of  the information on trademark registration.  
 
(4) A trademark owner may place alongside a trademark preventive marking in the 
form of a letter R enclosed in a circle or a verbal designation indicating that the 
trademark is protected in the Rep ublic of Moldova.  
 
 Article 10.  Limitation of exclusive right  
 
(1) An exclusive right  shall not extend to  the elements of a trademark , which  in 
accordance with this Law  may not be  registered independently  as trademarks , such as  the 
descriptive terms , inclu ding those of  laudatory nature , as well as to graphical elements,  
submitted  by dashed or dotted lines  , allowing  the applicant  to indicate the  parts of the 
product  or of its packaging  that are not  claimed as  parts  of the trademark , provided that 
these ele ments are used  fairly and the legal interests of  the trademark owner  and third 
parties are observed .  
 
(11) In the case of  reproduction provided for in  paragraph  (1), the trademark will be 
examined along with  all its elements , including those over which  the exclusive right  does 
not extend, in order to determine  the similarity  with other trademarks.  
 
(12)  Limitation of  the exclusive right  may refer  only to those categories  of products and /  
or services  claimed  in the application in relation  to which  the elements  of the trademark  
may not be registered  independently  as trademarks .  
 
(2) The exclusive right in a trademark shall not allow the owner to pr ohibit  third parties 
from using, in their production or commercial activity in accordance with generally 
accepted rules:  
 
(a) their own name or address;  
(b) indications relating to the form, quality, quantity, purpose, value, geographical 
origin , time of production of a good or provision of a service, or the other characteristics 
relating thereto;  
(c) a trademark, if this is  necessary for indicating the purpose of a good and/or service, 
in particular for accessories or extra components.  
 
 
 
 Article 11.  Trademark entry in dictionaries  
 
 If the reproduction of a trademark in a dictionary, encyclop aedia or other similar 
source p roduces the impression that it is the generic or commonly used name of goods or 
services for which it was registered, the publisher of the corresponding publication shall, 
at the trademark owner’s request, ensure that not later than the following edition t he 
reproduction of the trademark is accompanied by a statement to the effect that it is a 
registered trademark.    page 14 
 
 Article 12.  Prohibition on use of a trademark registered in the name of an  
    agent or representative  
 
 If a trademark were registered in the name of an agent or representative of the 
owner of the corresponding trademark in one of the countries of the Union without the 
permission of the owner, the latter shall be entitled to object to use of the trademark by its 
agent or representative, if i t has not authorized such use, apart from where the agent or 
representative may prove the lawful nature of its actions.  
 
 Article 13.  Exhaustion of a trademark right  
 
(1) The owner of a registered trademark shall not be entitled to demand prohibition on 
other persons from using the trademark on goods  and/or services  marketed in the 
Republic of Moldova directly by the owner or with its consent.  
 
(2) The provisions of paragraph  (1) shall not apply where the owner submits reasoned 
objections against the sale o f goods or provision of services, in particular where their 
quality is modified or distorted after being placed on the market.  
 
 Article 14.  Requirement of trademark use  
 
(1) If during the five years after registration a trademark has not become the subjec t of 
actual  use in the Republic of Moldova in relati on to the goods and/or services for which it 
was registered, or if use of the trademark were suspended during an uninterrupted five -
year period, the trademark owner may be deprived of the rights therein i n accordance 
with this Law, apart from where justified reasons for non -use exist.  
 
(2) Effective use shall be constituted by:  
 
(a) use of a trademark in the form in which it is distinguished by elements which do not 
change the distinguishing capacity of the tr ademark in the form in which it was 
registered;  
 
(b) use of the trademark on goods or on their packaging in the Republic of Moldova, 
except  for export purposes.  
 
(3) Use of a trademark by other persons with the owner’s consent shall be recognized 
as use of the  mark by the owner.  
 
 
Section 3 
Term of trademark protection.  
Extension, amendment and division of trademark registration  
 
 Article 15.  Term of protection of a registered trademark   page 15 
 
 Trademark registration shall be valid for ten years from the application f iling date.  
Registration may be extended by ten consecutive years an unlimited number of times.   
 
 Article 16 . Renewal of trademark registration   
 
(1) Registration of a trademark may be renewed by the trademark owner or any other 
person expressly authori zed thereby, provided that the prescribed fee has been paid in the 
amount required and within the terms established.  
 
(2)  Renewal may be requested within the last 6 months of validity of trademark 
registration. The application for renewal of trademark reg istration shall not be deemed to 
have been filed until the required fee has been paid. Registration may also be renewed 
during 6 months after the expiry of the term of protection, subject to the payment of an 
additional fee.  
 
(3)    Registration  shall be r enewed  only for goods  and /  or services for which  renewal 
was sought .  
 
 
(4)   Renewal of registration  shall take effect  from the day  following the date  of expiry of 
the previous  ten-year period.  Data on  renewal of the registration  shall be entered in  the 
National Register of  Trademarks and published  in BOPI.  
 
(5)   Non-payment of the fee for the renewal of the registration gives rise to revocation of 
the rights”.  
 
   
 
  
Article 17 . Introduction of amendments  
 
(1) A trademark owner shall inform the Agency o f any changes to the information 
relating to trademark registration.  
 
(2) During the term of trademark protection, the owner may, provided that the 
prescribed fee has been paid, request the introduction of non -essential changes to the 
information relating to a registered trademark, and also changes to individual elements of 
a trademark, provided that these changes do not affect the distinguishing capacity of the 
trademark or the trademark as a whole.  
 
(3) The changes entered in the National Register  of Trad emarks shall be published in 
the BOPI .  Any person that considers its rights to have been infringed by amendments 
introduced may lodge an objection against  them during the three months following the 
date of publication.  
  page 16 
(4) A change to a trademark or to its elements shall not be permitted during the period 
of trademark registration or the extension thereof, except in the cases provided for by 
paragraph  (2). 
 
 Article 18.  Division of registration  
 
(1) A trademark owner shall be entitled to divide a registr ation by submitting to the 
Agency a request in which it indicates that some of the goods and/or services included in 
the original registration are now the subject of one or more separate  registrations.  The 
goods and/or services of a separate  registration shall not cover either the goods and/or 
services remaining in the original trademark registration, or goods and/or services of 
other individual registrations.  
 
(2) A request for division shall not be allowed, if:  
 
(a) a request is filed for the deprivation of rights or the cancellation of an original 
registration, while the request for division separates the goods and/or services to which 
the request for deprivation of rights or the request for cancellation relates – prior to a final 
decision being taken or to the date by which the corresponding procedure has been 
completed in some other way;  
 
(b) a counterclaim  for the deprivation of rights or the cancellation of a registration is 
appealed in the courts, while the request for division separates the goods and/or ser vices 
to which the counterclaim  relates – prior to information on a final court decision being 
entered in the National Register of Trademarks.  
 
(3) A request for division shall be accompanied by a document providing proof of the 
payment of a fee.  
 
(4) The procedure for compiling and submitting a request for division shall be  defined 
by the Regulations . 
 
(5) A division shall be valid from the date of its entry in the National Register of 
Trademarks.  
 
(6) All the requests and claims  submitted and all the fees relating to an original 
registration, paid prior to the date of receipt by the Agency of a request for division, shall 
be considered filed or paid in relation to the individual registration(s).  Fees paid at the 
prescribed level for an original registrati on prior to receipt of a request for division shall 
not be reimbursed.  
 
(7) A separate  registration shall retain the filing date and any priority date of the 
original registration.  
 
 
Section 4  page 17 
Termination of rights in a trademark  
 
 Article 19 . Refusal of a trademark  
 
(1) An owner may, provided that the prescribed fee has been paid, refuse a trademark 
for all or part of the goods and/or services for which the trademark was registered.  
 
(2) The refusal of a trademark shall be effected through  the submission to  the Agency 
by the owner or its authorized representative of a written request , and the rights in the 
trademark shall be terminated from the date on which the refusal is entered in the 
National Register of Trademarks.  
 
(3) A trademark refusal shall be regi stered only in the case of consent by all the 
trademark rights owners, entered in the National Register of Trademarks.    Where a 
licensing agreement is registered, a trademark refusal shall be entered in the National 
Register of Trademarks only if the tra demark owner has provided proof that the licensee 
has been informed of the intended trademark refusal.  
 
 Article 20 . Deprivation of trademark rights  
 
(1) A trademark owner may be deprived of the rights in a trademark as a result of the 
filing with the dist rict court  where AGEPI premises  are located  of an appropriate request 
or counterclaim in a rights protection case:  
 
(a) if, during an uninterrupted five -year period, without substantive grounds therefor e, 
a trademark has not been the subject of actual use in t he Republic of Moldova in relation 
to the goods and/or services for which it was registered;  however, no person shall be 
entitled to demand deprivation of an owner’s rights, if in the interim between the expiry 
of the above period and the submission of a request for deprivation of rights or a 
counterclaim the trademark has been the subject of an assignment agreement or licensing 
agreement, or has been the subject of the beginning or renewal of actual use;  in that 
regard, if use has begun or been renewed i n the three months prior to  the submission of 
the request for deprivation of rights or a counterclaim, and the corresponding period does 
not begin before expiry of the uninterrupted five -year period of non -use, the use shall not 
be taken into account, if p reparation for the beginning or renewal of use takes place only 
after the owner has been informed of the possible submission of a request for deprivation 
of rights or a counterclaim  the period between  the filing date  of the application and the 
date of the  decision of the registration  shall not  be include d in computation of the  five-
year period ; 
 
(b) if, as a result of the owner’s activity or inactivity, the trademark has become the 
generally used name of a good and/or service for which it was registered;  
 
(c) if, as a result of use directly by the owner or with its consent, the trademark is likely 
to mislead the user, in particular as regards the nature, quality, or geographic origin of the 
goods and/or services for which it was registered.   page 18 
 
(d) the permission to use th e official or historical name of the State in the trademark for 
a good and/or service has been withdrawn, in accordance with the legislation . 
 
(11)  the duty to present evidence on the actual use of the trademark remains to the 
trademark owner.  
 
(2) If the  grounds for deprivation o f rights is valid  only in relation to part of the goods 
and/or services for which the trademark has been registered, the owner shall be deprived 
of the right in the trademark only in relation to the corresponding goods and/or serv ices. 
 
(3) Deprivation of rights shall assume legal force from the date on which a final 
decision of the district court  where AGEPI premises  are located  is made known.  
 
 Article 21 . Absolute grounds for invalidity  
 
(1) A trademark shall be recognized as in valid  as a result of the submission to the 
district court  where AGEPI premises  are located  of an appropriate request or a 
counterclaim in a rights protection case:  
 
(a) if it was registered in violation of the provisions of Article 7;  
(b) if an applicant, at the t ime of the trademark registration application filing, acted 
unfairly.  
 
 A trademark  shall be deemed to be  registered in bad  faith if, at the time  of filing  the 
application for registration thereof , the applicant knew  or could have known  of the 
existence  on the market  of the Republic of Moldova of such a  trademark used  in good 
faith by another person  in relation to  goods and /  or services identical  or similar to those  
for which the trademark  was filed  for registration  or of the promotion  or negotiations on 
the promotion/placement  of goods and /  or services  identical  or similar to those  for which 
the trademark  was filed  for registration  marked with such  a trademark, that is prior  and 
enjoys  protection and  reputation  at least  in one  State party to  the Paris Con vention  or to 
the Agreement  Establishing the  World Trade Organization , and the use of  the registered 
trademark  gives rise to  a likelihood of confusion  with the prior trademark or,  without 
legitimate grounds , takes advantage of  its reputation .  
 
 In the can cellation of an unfairly registered trademark, it is taken into account in 
particular whether a registered trademark is used for goods which are in contradiction 
with another trademark, or the owner of a registered trademark uses it only for the 
purposes o f blocking.  
 
(2) A trademark registered in violation of the provisions of Article 7(1)(b), (c) or (d) 
may not be recognized as invalid, if after its registration it has acquired as a result of use 
distinguishing capacity in relation to the goods and/or ser vices for which it was 
registered.   page 19 
 
(3) If the grounds for invalidity relate only to part of the goods and/or services for 
which a trademark has been registered, the invalidity of the trademark may be recognized 
only in relation to the corresponding goods and/or services.  
 
 Article 22 . Relative grounds for invalidity  
 
(1) A trademark shall be declared invalid following a request of annulment, filed with 
the court  to exercise jurisdiction over the premises  of AGEPI, or a counterclaim in an 
action of rights p rotection, filed with the same court, and  if:  
 
(a)   there is a prior trademark referred to in Article 8 paragraph (2) and the requirements 
provided for in paragraph (1) of the Article concerned are met;  
 
(b)   there is a prior right referred to in Articl e 8 paragraph (3) and the requirements 
provided for in the paragraph concerned are met;  
 
(c)    there is a non -registered trademark or a prior right referred to in Article 8 paragraph 
(4) and the requirements provided for in the paragraph concerned are met . 
 
(c) use of a trademark may be prohibited on the grounds of another prior right, in 
particular, a right in a name, a right in an image , copyright, rights in a protectable 
geographical indication or appellation of origin, a protectable industrial design or ot her 
industrial property right, protectable in accordance with the law;  
 
(d) use of a trademark may infringe a prior right in an image  or a name of a personality 
well known in the Republic of Moldova.  
 
(2) A trademark name may not be recognized as invalid, if t he owner of one of the 
rights indicated in paragraph  1, or its legal successor, or in the appropriate case the 
competent authority for the protection of cultural values of the State has specifically 
given its consent to registration of the trademark prior to submission of the request for 
recognition of invalidity or a counterclaim.  
 
(3) The owner of one of the rights indicated in Section (1) that has previously submitted 
a request for recognition of invalidity of a trademark or a counterclaim in a rights 
protection case, may not submit a further request for recognition of invalidity or a counter 
claim on the basis of any of the rights in question , which it might have submitted in 
support of a first claim.  
 
(4) If the grounds for invalidity relate only to part  of the goods and/or services for 
which a trademark has been registered, the invalidity of the trademark may be recognized 
only in relation to the corresponding goods and/or services.  
 
 Article 23 . Limitation of rights resulting from owner’s inactivity  
  page 20 
(1) The owner of an earlier trademark, as defined in Article 8(2), or of any other right  
as defined in Article 8  (3) or (4), who during an uninterrupted five -year period knowingly 
allowed use of the later trademark in the Republic of Moldova may not, on the basis of its 
earlier trademark or earlier right submit a request for recognition of invalidity or object to 
the use of the later trademark for the goods and/or services for which the later trademark 
was used, apart from cases of unfair trademark registrati on. 
 
(2) In the cases indicated in paragraph (1), the owner of the later trademark may not 
object to the use of a prior right, even if this right may not be cited against its trademark.  
 
 Article 24 . Consequences of deprivation of rights and recognition of   
    trademark invalidity  
 
(1) If an owner is deprived of rights fully or partially, the effect of trademark 
registration, provided for by this Law, shall be terminated accordingly from the date of 
submission of the request for deprivation of rights or a counterclaim.  At the request of 
one of the parties, a court authority may specify an earlier date at which one of the 
grounds for deprivation of rights arose.  
 
(2) If a trademark were recognized as invalid fully or partially, it shall be considered 
that r egistration of the trademark did not have the corresponding effect , as provided for 
by this Law, from the date of submission.   
 
(3) Provided that the provisions both on measures for compensation for harm caused as 
a result of  negligence or unfairness by t he owner of the trademark, or unjustified 
enrichment, the retroactive effect of the deprivation of rights or recognition of invalidity 
of a trademark shall not affect:  
 
(a) final decisions on the infringement of rights implemented prior to a decision on the 
deprivation of rights or recognition of invalidity being taken;  
(b) agreements concluded prior to a decision being taken to deprive rights or the 
recognition of invalidity – to the extent that they were concluded before the 
corresponding decision was taken;  at the same time, for reasons of fairness, 
compensation may be requested to the extent of the sums paid by agreement , as justified 
by circumstances.  
 
 
Section 5 
Transfer of rights in a trademark  
 
 Article 25 . Transfer of rights  
 
(1) The rights in a trademark m ay be transferred fully or partially by means of 
assignment, on the basis of a licensing agreement, and also by means of legal succession.  
  page 21 
(2) A trademark may be the subject of a pledge, other proprietary  rights and also 
compulsory measures.  
 
(3) Pledge  of trademarks  shall be recorded in the Register  of security interests  under  the 
Law on Pledge . Other trademarks rights  are registered in  the National Register of  
applications for registration of trademarks  or the National Register  of Trademarks, and 
become  opposable to third parties  from the registration date,  and data on these rights  shall 
be published in  BOPI.”  
[Art. 25 (3) in the wording of the Law no.173 of 25.07.14]  
 
(4) A decision to enter an assignment or a license in the National Register of 
Trademar k Registration Applications or the National Register of Trademarks may be 
challenged with the Agency within 30 days of the date of publication of the information 
indicated in paragraph (3).  
 
(5)  The assignment  and license  contracts  referred  to in paragrap h  (1), or other  
documents annexed to  the application for registration  of these contracts  are open to  
public  inspection  only with the express consent of  the contracting parties  or under  the 
court decision , unless otherwise provided  by the legislation in fo rce. 
 
 Article 26.  Assignment agreement and transfer  
 
(1) According to an agreement for the assignment of the rights in a trademark, the 
trademark owner (assign or) shall transfer its rights in the trademark to another person 
(assignee).  The rights in the trademark may be transferred by means of assignment 
throughout the entire term of trademark protection.  
 
(2) Irrespective of the transfer  of an undertaking, a trademark may be assigned in 
relation to all of part of the goods and/or services for which it ha s been registered.  
 
(3) The full transfer of an undertaking shall presuppose the assignment of a trademark.  
Exceptions shall occur in cases where an agreement exists, providing another solution, or 
where this is clear from the circumstances.  The provisio n in question shall be applied to 
the circumstances of an agreement for the transfer of an undertaking.  
 
(4) Without prejudice to the provisions of paragraph (3), a trademark shall be assigned 
in writing and with the signatures of the Contracting Parties, apart from in cases where an 
assignment  is the result of a court  decision.  In the opposite case, an assignment shall be 
invalid.  
 
(5) The Agency shall refuse to register an assignment agreement if it is obvious that as 
a result of the assignment a tradema rk may be likely to mislead users, in particular as 
regards the nature, quality  or geographical origin of the goods and/or services for which it 
has been registered, apart from in cases where the assignor agrees to limit trademark 
registration to the goods  and/or services in relation to which there will be no risk of 
confusion.   page 22 
 
(6) If a trademark is registered in the name of an agent or  representative of the owner of 
the corresponding trademark in one of the countries of the Union without the owner’s 
permi ssion, the owner shall be entitled to request transfer of registration to its own name, 
apart from where the agent or representative proves the legality of its actions.  
 
(7) This Article shall apply also to trademark registration applications.  
 
 Article 27 . Licensing agreement  
 
(1) A trademark may be the subject of an exclusive or non -exclusive license for all or 
part of the goods and/or services for which it has been registered.  According to a 
licensing agreement, the owner of a registered trademark (lice nsor) shall transfer the right 
to its use to any other person (licensee) and shall retain the right of ownership in the 
trademark.  
 
(2) A license may be issued with a request for payment by the licensee of income to the 
licensor or without remuneration.  
 
(3) A licensing agreement shall contain the condition that the quality of the goods of a 
licensee shall not be less than the quality of goods of a licensor and that the licensor shall 
verify compliance with this requirement.  
 
(4) The inclusion in a licensin g agreement of procedures or conditions which may lead 
to misuse of the rights in a trademark, and which creates an unfair influence on 
competition on the corresponding market, such as the condition of compulsory transfer 
by a licensee of technical informa tion to a licensor, conditions preventing the legal force 
of a decision being challenged or the subm ission of a compulsory package of licensing 
conditions shall not be permitted.  
 
(5) A trademark owner shall be entitled to submit rights granted by the regi stratio n of a 
trademark to a licensee, that is  operat ing not in accordance with the provisions of the 
licensing agreement in relation to the terms, form of use of the trademark, , nature of 
goods or services for which the license is granted , territory of it s application or quality of 
goods supplied or services provided by the licensee.  
 
(6) Without prejudice to the provisions of a licensing agreement, a licensee may file a 
suit for the protection of the rights in a trademark only with the consent of its owne r.  The 
holder  of an exclusive license may file such a suit where, following a warning, the 
trademark owner has not brought a similar case in the appropriate period.  
 
(7) For compensation for harm caused, any licensee may become involved in a case for 
the protection of a trademark right, initiated by the trademark owner.  
 
 
Chapter III   page 23 
TRADEMARK REGISTRATION  
 
Section 1 
Trademark registration application  
 
 Article 28.  Filing of a trademark registration application  
 
(1) A trademark registration application sha ll be filed with the Agency by any natural 
person or legal entity and shall relate to one trademark only.   
 
(2) Registration of a trademark may be requested by natural persons or legal entities 
either individually or jointly.  In the case of an applicatio n filed by two or more persons, 
a registered trademark shall become the joint property of those persons in accordance 
with civil legislation.  
 
(3) An application shall be filed on the model form approved by the Agency in  the state 
language . The documents a ttached to an application shall also be submitted in  the state 
language . Where the attached documents are filed in another language within two months 
of the application filing date , a translation thereof into the state language  shall be 
provided.  
 
(4) An a pplication shall be filed by any means established by the Agency in accordance 
with the Regulations.  
 
 Article 29.  Representation  
 
(1) Natural person s or legal entit ies which have their  permanent place of residence  or 
main place of business or an operation al industrial or commercial enterprise in the 
Republic of Moldova shall conduct business with the Agency personally or through an 
authorized representative.  
 
(2) Natural person s or legal entit ies that ha ve neither a permanent place of residence or 
main pla ce of business, or an operational industrial or commercial enterprise in the 
Republic of Moldova shall be represented within the Agency in any procedures 
established by this Law by an authorized patent attorney.  
 
(21)   If a legal entity  referred  to in par agraph  (2) is affiliated with a legal entity  referred  
to in paragraph  (1), the first may act  before AGEPI  through  its affiliated person  or its  
representative,  empowered  by a power of attorney.   
 
(3) Patent attorneys shall carry out their activities in acc ordance with the relevant 
regulations approved by the Government.  
 
 Article 30.  Trademark registration application  
  page 24 
(1) A trademark registration application containing the elements provided for by 
paragraph (2) shall constitute the correctly formulated fil ing of an application.  
 
(2) A trademark registration application compiled in the state language  shall contain:  
 
(a) a direct or indirect indication that trademark registration is requested;  
 
(b) information allowing the personal details of the applicant to be esta blished 
(name/denomination and address);  
 
(c) information allowing the Agency to contact the applicant or, where necessary, its 
authorized representative;  
 
(d) a sufficiently clear reproduction for the marks referred to in Article (5) letter a), for 
which registra tion is sought, and/or a detailed description for the marks referred to in 
Article (5) letter b) that is not susceptible of graphical representation, accompanied by 
samples or by an audio or video recording (mechanical, magnetic, digital, optical etc.) 
which will enable the reproduction of the trademark;  
 
(e) a list of goods and/or services for which trademark registration is requested;  
 
(f) a document confirming payment of the application filing fee  in the amount 
established . 
 
(3) An application shall contain clea r information when:  
 
(a) the applicant is requesting one or more colors as the distinguishing feature of a 
trademark;  
 
(b) a trademark is three -dimensional or has another, either non-verbal or figurative, 
form.  
 
(4) Where necessary,  an application shall contain:  
 
(a) a transliteration of the trademark or of its individual parts;  
(b) a translation of the trademark or its individual parts.  
 
(5) An application shall also contain data on the applicant’s status, as provided for by 
the Regulations.  
 
(6) A trademark registration  application filed for several classes of good s and/or 
services, together with the fee for examining the application for one class of goods and/or 
services shall entail  the payment of an additional fee for the examination of each class of 
goods and/or serv ices beyond the first.  
  page 25 
(7) The procedure for formulating  and filing an application for trademark registration 
shall be defined in the Regulations.  
 
 Article 31.  Application filing date  
 
The application filing date shall be the date of submission by the ap plicant to the Agency 
of a trademark registration application in accordance with the requirements of Article 
30(2).  
 
 Article 32.  Request for recognition of a trademark as well  known  
[Art.32 excluded by the Law no. 20 of  23.02.2012,  in force  from 20.04.201 2] 
 
Section 11 
Recognition of  trademark as well known  
[Section 11 inserted by  the Law n o. 20 of  23.02.2012,  in force  from 20.04.2012 ] 
 
 
Article  321. Protection of a well known trademark  
 
(1) The trademark  can be  recognized as  well known only if a  claim f or the  notoriety  
has been filed at  the district court  where AGEPI premises  are located , or of a  
counterclaim  in an action  to protect the rights , filed at the same court .  
(2) Well known trademark  is granted  legal protection  according to the current  law.  
(3) The term of protection of a well -known trademark shall not be limited . 
 
 
Article 322. Filing a  claim for recognition of a trademark as well known  
 
(1) Where a dispute arises in relation to a well known trademark in the Republic of 
Moldova, within a certain public segment, the interested person which uses in good faith 
this trademark in his commercial activity, may file a claim for recognition of the 
trademark as well known at  the district court  where AGEPI premises  are located , in 
accordance with Art. 166 of  the Civil Procedure Code.  
 (2) The claim must refer to one trademark. A trademark is considered a used sign 
set within a certain overall of elements.  
(3) For the purposes of paragraph (1), a certain public segment  means:  
a) current consumers and/or potent ial consumers of the goods and/or services for 
which the trademark is used;  
b) specialists in the respective sector;  
c) persons involved in the networks distribution of the goods and/or services for 
which the trademark is used;  
d) business network whose main object constitute the goods and/or services for 
which the trademark is used (importers, licensors, wholesale sellers, etc.).  
 
 
  page 26 
Article 323. Content of the claim  for recognition of a trademark as well known  
 
Besides the provisions referred to the Art. 166 of the Civil Procedure Code, the 
claim  for recognition of a trademark as well known  shall contain:  
a) the claim  for recognition of a trademark  mentioning the date on which the 
recognition is requested;  
b) surname, name, address and signature of the applicant, in  case of a natural person; 
name, address and signature of the administration, in case of a legal entity;  
c) surname, name, address and si gnature of the patent attorney/ representative, when 
filing the claim through them;  
d) description of the trademark, if regist ered, or the description of the sign which 
allegedly can be recognized as well known trademark;  
e) goods and/or services for which the trademark is used, grouped according to the 
classes of the International Classification of Goods and Services ;  
f) colour/colou rs of the trademark, if they constitute a distinctive element of the 
trademark;  
g) number of the registration certificate, if the claim  for recognition of a registered 
trademark as well known  is requested.  
   
Article 324. Materials attached to the claim for r ecognition of a trademark as well known  
 
The claim for recognition of a trademark as well known shall be accompanied by:  
a) documents containing information related to the factors on the basis of which the 
conclusion on the recognition of a sign as well known  can be set, including:  
- level of acquaintance of the sign on the market by certain public segment;  
- length (beginning and period), degree and geographical extent of any use of the 
sign;  
- length, level and geographical extent of the promotional activity  in relation to 
respective sign, including advertising and presentation within fairs or exhibitions of 
goods and/or services marked with this sign;  
- length and geographical extent of any registrations of the sign and/or of any 
applications for registratio n of the sign, as far as reflects the use or recognition of this 
sign;  
- valuation report determining trademark’s value;  
- result of the surveys performed by the applicant;  
- any other additional information;  
b) graphic or photographic reproduction of the trademark, presented in a color or 
combination of colors for which the claim for recognition of a trademark as well known 
is requested, with a flawless, clear and distinct image quality;  
c) graphic or photographic reproduction of the trademark in a general  overview and 
several different views, if the claim for recognition of a three -dimensional trademark as 
well known is requested;  
d) sample of the label (natural size), if the claim for recognition of the trademark as 
well known on the label is requested;  
e) attorney, if the claim is filed through a patent attorney/representative . 
  page 27 
 
Article 325. Criteria for recognition of a trademark as well known  
 
(1) The notoriety of the trademark on the territory of the Republic of Moldova shall 
be established on the bas is of the following criteria:  
a) trademark is recognized by current and/or the potential consumers of the goods 
and/or services for which it is used or by the persons involved in ensuring the network 
distribution of goods and/or services for which the trad emark is used, or by the business 
circles which imply the goods and/or services for which the trademark is used, as for the 
impression on the quality of goods and/or services, it shall associate with (refer to) the  
country trademark or from the world marke t; 
b) trademark possess a high level of distinctiveness, inherent or acquired as a result 
of the intensive use;  
c) trademark is widely known on the territory of the Republic of Moldova, 
including as a result of advertising;  
d) trademark has the commercial value as a result of long lasting and intensive use 
in the country or the world market.  
(2) Upon the adoption of the decision for recognition of a trademark as well known, 
besides the criteria mentioned in paragraph (1), other criteria relevant to a well k nown 
trademark, not reflected in the current article, can be taken into account.  
 
 
Article 326. Examination of the  claim for recognition of a trademark as well 
known  
(1) While examining the claim for recognition of a trademark as well known , all 
the data presented according to the Art.323 -325 shall be checked.  
(2) While recognizing a trademark as well known, no any requirements can be 
requested as mandatory, as follows:  
a) trademark shall be registered or filed for registration on the territory of  the 
Republic of Moldova;  
b) the requested trademark shall be recognized as well known, registered or filed 
for registration in any other State other than the Republic of Moldova;  
c) trademark shall be recognized by the general public of the Republic of 
Moldova . 
(3) The survey is performed on a representative sample in relation to a certain 
public segment. The geographical area of the survey and the sample size are determined 
by the character/specific of the goods and/or services for which the trademark is used.  
(4) While recognizing a trademark as well known in respect to the goods with 
technical destination, consumers of the respective goods (both from the circle of 
producers, as well as from the trading network) must be surveyed. Thus, it is necessary 
that not  less than 60 % of the respondents should know the respective trademark.  
(5) While recognizing a trademark as well known in respect to the goods of current 
use, the 'average' consumer (taking into account the age, sex, education, social and 
material status , relationship with the marked good), as well the specialists from respective 
industry and trade branch should be questioned. Thus, it is necessary that the majority of 
respondents should know the respective trademark.   page 28 
(6) In the survey, respondents must a nswer to the following:  
a) if they know the respective trademark;  
b) who is the trademark owner or producer of the good marked with such a 
trademark;  
c) since when the trademark is known;  
d) how do they appreciate the trademark (is the trademark very well known, known, 
less known , unknown);  
e) how do they appreciate the good (it is excellent, very good, good, average, 
unsatisfactory, etc.)  
f) other reasonable questions related to the field of acquaintance of the trademark.  
 
(7) Trademark can’t be recogniz ed as well known if there is at least one of the 
following conditions :  
a) the proofs submitted by the applicant, including values of the parameters set in the 
paragraphs (3) - (5) do not correspond to the requirements of this section;  
b) there is an ident ical or similar trademark that might be confused with the 
applicant’s trademark, registered or filed for registration on behalf of another person for 
the same goods or services with a priority prior to the date when the claim for recognition 
of a trademark  as well known was requested;  
c ) trademark converted into a common name;  
d ) trademark is contrary to the public order or good morals.  
 
   
Article  327. Decision on  for recognition of a trademark as well known   
 
(1) Depending on the outcome of the  examinat ion of the claim for recognition of a 
trademark as well known, a decision on recognition of a trademark as well known or 
rejection  of the claim for recognition of a trademark as well known, is adopted .  
(2) The  decision on recognition of a trademark as wel l known  is communicated  to 
the AGEPI for the well known trademark to be registered in the Register of well known 
trademarks.  
(3) The data inserted in the Register  of well known trademarks  shall be published  
in the  Official Bulletin of Industrial Property  within 3  months from the  date the decision  
on recognition of a trademark as well known has been adopted .  
[Section 11 inserted by  Law No. 20 of  23.02.2012,  in force  from 20.04.2012 ] 
 
 
 
Section  2 
Priority  
 
 Article 33.  Right of priority  
 
(1) A person which has filed, in accordance with established procedure, a trademark 
registration application in one or for one of the countries parties to the Paris Convention 
or the Agreement Establishing the World Trade Organization, or its legal successor, shall  page 29 
enjoy,  when filing with the Agency an application for registration of the same trademark 
for the goods and/or services, identical or included therein, for which an application was 
filed, the right of priority within six months of the filing date of the first tradem ark 
registration application.  
 
(2) The grounds for  invoking the right of priority shall be recognized as any application 
filing which has the force of a correctly formulated national application filing in 
accordance with the national legislation of the cou ntry in which it was formulated, or 
with bilateral or multilateral agreements.  
 
(3) The first application, the filing date of which serves as the cut off day of the term of 
priority, shall be considered to be a subsequent application, filed with the Agency , for the 
same trademark for identical goods and/or services as the first prior application, where 
this prior application, on the day of filing of the subsequent application, was withdrawn, 
left unaffected or refused, as it was not accessible to the public , and also provided that in 
relation thereto no kind of rights continued to exist and it did not serve as further grounds 
for claims to the right of priority.  The prior application may not then serve as ground s for 
claims to the right of priority.  
 
(4) If the first application is filed in a country which is not party to the Paris 
Convention or the Agreement Establishing the World Trade Organization, the provisions 
of paragraphs (1) -(3) shall apply only insofar as the legislation of the corresponding 
countr y grants, on the basis of the first application filed with the Agency, the right of 
priority in accordance with the requirements and consequences similar to those provided 
for by this Law.  
 
 Article 34.  Effect of right of priority  
 
 As a result of the rig ht of priority, the priority date shall be considered the date on 
which a trademark registration application to establish prior rights is filed.  
 
 Article 35 . Exhibition priority  
 
(1) If an applicant has ex hibited under a trademark goods and/or services at  an 
international exhibition, when filing a trademark registration application it may request 
the right of priority in accordance with Article 34 from the date on which the good s 
and/or services are first displayed at the exhibition, provided that a regist ration 
application is filed within six months of the date of first display of the goods and/or 
services under the corresponding trademark.  
 
(2) An exhibition shall be considered international if it is officially organized and 
producers and service provider s from several countries participate in it, and also if 
information on the exhibition is made known to the public by appropriate means.  
 
(3) The exhibition priority granted in accordance with paragraph (1) of this Article 
shall not extend the term of prior ity established in Article 33(1).   page 30 
 
 Article 36.  Request for priority  
 
(1) An applicant wishing to avail itself of the right of priority in accordance with 
Articles 33 or 35 shall, provided that the prescribed fee has been paid, simultaneously 
with the fili ng of the trademark registration application or within two months of the 
application filing date , submit a request for priority and, within three months of this date, 
submit documents confirming the competence  of such a request.  
 
(2) A copy of an original application and the translation thereof into the state language  
or, in the case of exhibition priority, a document concerning the exhibition of goods or 
services under a trademark for which registration is requested shall be attached to the 
documents confi rming the competence for requesting priority.  
 
(3) When requesting multiple priority for a single application, a fee shall be paid for 
each requested priority.  
 
  
Section 3 
Registration procedure  
 
 Article 37.  Examination of observance of registration appli cation filing  
    requirements  
 
(1) Within one month of the registration application filing date, the Agency shall verify 
compliance with the requirements provided for by Article 30(2) for the awarding  of a 
filing date.  
 
(2) According to the results of th e examination conducted in accordance with paragraph 
(1), the Agency shall:  
 
(a) award  a filing date in accordance with Article 31, if it establishes that the trademark 
registration application satisfies the requirements for the award  of such a date;  and shall  
also award a filing date  in accordance with Article 31, if the fee for filing an application 
has not been paid or has been partially paid, provided that the fee or the difference in the 
amount established is paid within 10 calendar days of the filing date  of the application for 
registration;  
 
(b) inform the applicant of infringements detected and grant it a period of two months 
from the application filing date to remove those infringements, if it establishes that the 
trademark registration application does not  meet the requirements for awarding  such a 
date.  
 
(3) Following the notification described in paragraph (2)(b), the Agency shall:  
  page 31 
(a) award  a filing date on the date at which all the infringements have been removed, if 
the applicant removes the infringements detected within the prescribed period;  
 
(b) consider an application not to have been filed, if an applicant does not remove the 
infringements detected within the prescribed period, and the applicant shall be informed 
accordingly.  
 
(4) The Agency shall enter in formation on an application to which a filing date is 
awarded  in the National Register of Trademark Registration Applications and the 
applicant shall be informed accordingly.  
 
(5) Within one month of the date of entry of information on an application in th e 
National Register of Trademark Registration Applications, the Agency shall verify 
whether a trademark registration application complies with the other filing requirements 
provided for by the law and by the Regulations.  
 
(6) According to the results of th e examination conducted in accordance with paragraph 
(5), the Agency shall:  
 
(a) accept an application for publication, if it establishes that the application satisfies 
the requirements provided for in paragraph (5);  
 
(b) notify the applicant of infringements dete cted and propose that it remove those 
infringements within the deadline prescribed by the Regulations, if it establishes that an 
application does not satisfy  the requirements provided for by paragraph (5).  
 
(7) If following notification according to paragr aph (6)(b) the applicant does not 
remove the infringements detected within the prescribed period, an application shall be 
considered to have been withdrawn and the applicant informed accordingly.  
 
(8) If following notification according to paragraph(6)(b) an applicant does not remove 
within the prescribed period an infringement consisting of the non -payment of an 
examination fee, the application shall be considered to have been withdrawn (apart from 
where an application falls under Article 30(6) and it is c lear which classes of goods 
and/or services are intended to be  covere d by the application examination fee already 
paid), and the applicant shall be informed accordingly.  
 
(9) Non-compliance with the provisions on requesting priority shall lead to the loss of 
the right of priority for an application.  
 
 Article 38.  Publication of a registration application  
 
 Where the requirements provided for by Article 37(6)(a) are satisfied, a trademark 
registration application shall be published within three months of the  filing date.  
 
 Article 39.  Comments  by third parties   page 32 
 
(1) Within three months of the date of publication of a trademark registration 
application, any natural person or legal entity, and also group of manufacturers, 
producers, service providers, sellers or  consumers shall be entitled to submit their 
comments in writing to the Agency, providing justification of the need for refusal of the 
trademark registration, in particular on the basis of Article 7.  Persons that have submitted 
comments shall not become p arty to the procedures conducted in the Agency.  
 
(2) An applicant shall be informed of the comments specified in paragraph (1) and, 
within two months of the date of notification, may express its point of view.  If the 
applicant does not put forward its poi nt of view within the period in question, comments 
shall be examined on the basis of existing materials.  
 
 Article 40.  Objections  
 
(1) Within three months of the publication date of a trademark registration application, 
any interested person may object to the registration of a trademark on the grounds that the 
registration thereof should be refused under the provisions of Article 8 and/or, where 
appropriate, Article 7.  
 
(2) An objection against registration of a trademark may be lodged also within three 
months of the dat e of publication of amendments to the trademark registration 
application, if these amendments  relate to the reproduction of a trademark or a list of 
goods and/or services.  
 
(3) A reasoned objection shall be lodged in writing with the Agency.  The objection 
shall be considered to have been lodged only after the prescribed fee has been paid.  A 
person that has lodged an objection may, within one month of the date of the objection 
being lodged, submit additional evidence and arguments in support of its objection.  
 
(4) An applicant shall be informed of the objections specified in this Article and, within 
two months of the date of receipt  of notification, may express its point of view.  If the 
applicant does not put forward its point of view within the period in question, objections 
shall be examined on the basis of existing materials.  
 
 Article 41.  Substantive examination  
 
(1) Within 3  months of the  expiry date of the period  for submitting  observations  and 
oppositions by third parties , AGEPI  shall c onduct the substantive examination  of the 
application  concerning compliance with  the trademark protection requirements , subject to 
payment  of the fees established . 
 
(2) The Agency shall verify whether:  
 
(a) absolute grounds exist for refusal, as provided for b y Article 7;  
  page 33 
(b) relative grounds exist for refusal, as provided for by Article 8:  
 
(c) comments and objections submitted in relation to a trademark registration 
application.  
 
(3) Depending on the substantive examination results, the Agency shall take a decision 
concerning the full or partial registration of a trademark or on the refusal of a trademark 
registration application and, within one month of the date on which the decision is taken, 
shall inform the applicant accordingly.  
 
 Article 42.  Examination of obje ctions  
 
(1) In the process of examining an objection, the Agency shall verify whether the 
requirements for lodging an objection are satisfied, as provided for by Article 40(1) -(3), 
and whether the applicant has expressed its point of view in accordance wit h Article 
40(4), and shall evaluate the arguments of parties.  
 
(2) At the applicant’s request, the owner of an earlier trademark , that has lodged an 
objection, shall provide proof of the fact that during the five years preceding the date of 
publication of a trademark registration application, the earlier trademark was the subject 
of actual use in the Republic of Moldova in relation to the goods and/or services for 
which it was registered and to which the objection relates, or that there exist justified 
reasons for non -use, provided that at the corresponding date the trademark was registered 
for at least five years.  In the absence of such proof, the objection shall be rejected.  If an 
earlier trademark were used only in relation to part of the goods and/or s ervices for which 
it was registered, when examining an objection an earlier trademark may be compared 
against only the corresponding part of the goods and/or services.  
 
(3) Examination of an objection may be suspended:  
 
(a) when an earlier trademark registrati on application is used as a basis – before a final 
decision is taken thereon;  
 
(b) when an opposed trademark is in the process of recognition of its invalidity or 
deprivation of rights – prior to a final settlement of the case;  
 
(c) at the reasoned request of one of the parties.  
 
(4) If it emerges from the examination of an objection that a trademark does not 
comply with the requirements for registration  in relation to all or only part of the goods 
and/or services for which it is requested, the application shall be  refused in relation to the 
corresponding goods and/or services.  In the opposite case the objection shall be rejected.  
 
 Article 43.  Refusal of a trademark registration application  
  page 34 
(1) If a trademark does not comply with the requirements for registration  on absolute 
or relative grounds for refusal, as defined by Articles 7 or 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 a nd/or services.  
  
(2) The application for registration of the trademark  shall not be  rejected unless the 
applicant  was notifi ed, by a provisional notice , of the grounds on which  registration  may 
be refused  in whole or in  part. Within  two months  of receipt of the notification , the 
applicant shall be entitled to  file an appeal against the provisional notice  of refusal  by 
presenting arguments  supporting trademark registration , withdraw the application  for one 
or more  classes of goods  / services or for certain goods  / services, or  request  entry of the 
amendment , subject to payment of  certain fees for the said operations under  the terms and 
in the amounts established . 
 
(3)     If the  trade mark  contains  elements which,  according to Article  7, may not be  
registered  independently  as trademarks  for all or  certain categories of goods  / services 
requested , and the inclusion of these elements in  the trademark may give rise to  doubts 
regarding  the scope of  its protection , AGEPI  may require , as a condition for  registration  
of the trademark, that the  applicant , within two months  of receipt  of the notice referred  to 
in paragraph  (2) declare that  he disclaims  any exclusive right  to such elements.  This 
statement  shall be published  simultaneously with the information on trademar k 
registration .  
 
(4)       If the  applicant provides  evidence  on the initiation of judicial proceedings in order  
to eliminate  the grounds invoked in  the provisional notice of refusal , the actions  related to 
the examination of the application  shall be  suspended until the final decision of  the court.  
 
 
 Article  44. Withdrawal, limitation and amendment of a trademark registration  
    application  
 
(1) An applicant shall be entitled at any time to withdraw a trademark registration 
application or limit the list  of goods and/or services which it includes.  If the application 
has already been published, information on withdrawal or limitation shall also be 
published in the BOPI . 
 
(2) At the request of an applicant, a trademark registration application may include 
amendments only where this is necessary to correct the applicant’s name or address, 
inaccuracies  in drafting or writing or misprints so that such  amendments do not 
substantively change the trademark and do not expand the list of goods and/or services.  
If the amendments relate to the reproduction of a trademark or a list of the goods and/or 
services and are produced after publication of the application, it shall be republished with 
the corresponding amendments.  
  page 35 
(3) The procedures indicted in paragraphs (1)  and (2) shall be conducted with payment 
of prescribed fees, except where the procedures provided for by paragraph (2) are 
requested within one month of the application filing date.  
 
(4)     The application shall be deemed withdrawn where it is found that:  
a)   the fee for registration and issue of the certificate of  trademark registration has not 
been paid in the amount and term established;  
b)   the permission to use an official or historical name of the State in the product and/or 
service marks has not been submitted;  
c)    the document confirming the consent of the competent body on the use of the official 
name of the territorial -administrative unit has not been submitted.  
 
 Article 45 . Division of a trademark registration application  
 
(1) An applicant shall be entitled to divide an application for trademark registration by 
submitting a request to the Agency, in which it shall state that some of the goods and/or 
services included in the original application are becoming the subject of one or more 
separat e applications.  The goods and/or services of the separate application shall not 
cover either the goods and/or services remaining in the original application, or the goods 
and/or services of other separate applications.  
 
(2) A request for division shall no t be permitted:  
 
(a) if an objection is lodged against an original application, and a request for a division 
separates the goods and/or services to which the objection relates – prior to a final 
decision being taken on the objection;  
 
(b) in other cases provided f or by the Regulations.  
 
(3) A request for division shall be accompanied by a document confirming the payment 
of a fee.  
 
(4) The procedure for formulating and submitting a request for division shall be 
determined by the Regulations.  
 
(5) A division shall be  effective from the date of its entry in the National Register of 
Trademark Registration Applications.  
 
(6) All requests and claims submitted and all fees relating to an original application, 
paid before the date on which the Agency receives a request for division, shall be 
considered submitted or paid in relation to a separate application or applic ations.  The 
fees paid for an original application prior to receipt of a request for division  shall not be 
returned.  
 
(7) A separate application shall retain the  filing date and any priority date of an original 
application.   page 36 
 
 Article  46. Trademark registration  
 
(1)    If according to the results of examining an application in accordance with Articles 
37 and 41 it is established that the requirements for registerin g a trademark have been 
complied with, and also if no challenges have been  made against registration in 
accordance with Article 47(1) or challenges made are rejected in a final decision, the 
AGEPI  shall, provided that the prescribed fee has been paid, take  a decision to register a 
trademark.  Information on the registration of a trademark shall be entered in the National 
Register of Trademarks and the trademark owner shall be issued with a trademark 
registration certificate.  Information on trademark regist ration shall be published in the 
BOPI .  
 
(2)    If the  registration of a trademark  is conditional upon  the presentation of a 
permission  from the competent authorities  in accordance with  article  7 paragraph  (3), the  
period between the filing  of the applicat ion for  granting of such permission  and the date 
of the decision  taken by the competent authority  in this regard  shall not be considered  in 
the computation of the  payment  term of the fee for registration and the  issue of the 
trademark registration certific ate, provided that a  copy  of that application is submitted to 
the AGEPI before the  expiry of that term . 
 
 Article 47.  Challenging decisions on trademark registration applications  
 
(1) Any decision  on trademark registration applications may be challenged  by the 
parties  within  two months  of the date on which a decision is received or  by third parties  
within one  month of the date on which the decision  was made public . A challenge  shall 
have  suspensory effect.  
 
(11)  Notwithstanding  paragraph  (1), the decisions  on trademark registration may be 
challenged  by third parties  within the period  between the date  on which the decision  was 
made public  and the date of  registration of the trademark . 
 
(2) A challenge shall be submitted to the Agency and examined by the Comm ission for 
Examination of Objections in accordance with the relevant Regulations, approved by the 
Government.  
 
(21)   The provisions of Article 42 paragraph (2) shall apply mutatis mutandis  to the 
challenges.  
 
(3) A challenge shall be submitted in writing and shall be supported by reasons; it shall 
be considered filed provided that the prescribed fee has been paid.  
 
(4) The Commission for Examination of Objections shall issue decisions and 
specifications in accordance with its competence.  
 
 Article 48.  Exam ination of challenges   page 37 
 
(1) In the process of examining a challenge, the Commission for Examin ation of  
Objections shall give parties the opportunity to submit  their comments on the remarks 
made by the other party.  In the case of disagreements of a normativ e nature, the rules 
contained in the Code of Civil Procedure shall apply.  
 
(2) According to the results of the examination of a challenge, the Commission for 
Examin ation of  Objections shall take one of the following decisions:  
 
(a) leaving the challenged decis ion in force;  
(b) complete or partial cancellation of the challenged decision;  
(c) any other decision in accordance with its competence.  
 
(3) A decision of the Commission for Examin ation of  Objections shall enter into force 
from the date on which it is taken.  
 
(4) A decision of the Commission for Examin ation of  Objections shall be 
communicated to parties and may be appealed in the district court  where AGEPI 
premises  are located  within the deadlines prescribed by the law.  
 
 Article 49.  Restoration of rights  
 
(1) The rights of an applicant, or a trademark owner, or of any other party to an Agency 
procedure, which despite all the measures taken fairly required by circumstances could 
not observe the deadlines for the conduct of an Agency procedure, may be restored at 
their request, if missing a deadline entails, on the basis of the provisions of this Law, the 
direct loss of any right or the possibility of appeal.  
 
(2) A request for restoration of rights shall be submitted in writing within two months 
of the date on which  the circumstances giving rise to non -observance of a deadline ceased 
to exist .  In the same period, the incomplete action  shall also be carried out .  The 
submission of a request shall be acceptable only within one year of the date of expiry of 
the missed deadline.  Where a request for extension of registration or non -payment of a 
fee for extension of an additional six -month period, as provided for by Article 16(2), is 
not submitted, this shall be deducted from the annual period.  
 
(3) A request for restora tion of rights shall contain reasons and also facts and 
documentary evidence  in support of the person submitting the request.  A request shall be 
considered to have been submitted only after the prescribed fee has been paid.  
 
(4) The provisions of this Art icle shall not apply to the deadlines provided for by 
paragraph (2) of this Article, and also by Article 39 paragraph (1) , by Article 40 and 
Article 50.  
 
(5) The restoration of rights shall not be acceptable where in the period from the date 
on which right s are lost in relation to an application or trademark and up  to the date of  page 38 
submission of a request for restoration of rights, another trademark registration 
application was submitted, which may be opposed in accordance with the provisions of 
this Law , and in case of  emergence of some opposable  rights  in this period.  The 
procedure  for examining an application  for restoration of rights  shall be postponed  until a 
final decision  on the application  for trademark registration  filed during that period . 
 
(6) An ap plicant or trademark owner whose rights have been restored may not make 
claims to third parties wh ich, during the period from the loss of rights in an application or 
trademark and up to publication in the BOPI of information on the restoration of those 
rights fairly released goods onto the market or provided services using a designation 
identical or similar to the corresponding trademark.  
 
 
(7) A third party falling under  paragraph (6) may, provided that the prescribed fee has 
been paid, challenge the decis ion to restore the rights of an applicant or a trademark 
owner within two months of the date of publication of information concerning the 
restoration of rights.  
 
 Article  50. Extension of deadlines and restoration of a missed deadline  
 
(1) An applicant or trademark owner, or any other party to an Agency proced ure, 
may, in relation to an application or trademark:  
 
(a) request an extension of the deadline provided for the completion of any 
procedural acti on, by submitting a request to the Agency before the expiry  of said 
deadline;  
 
(b) in the case of non -observance of a deadline, provided for completion of any 
procedural acti on, request the restoration of a missed deadline and continuation of the 
proce dure by submitting to the Agency a request within two months of the  date of expiry 
of the established deadline;  in the same period , the incomplete action shall also be 
carried out . 
 
(2) The period of extension of a deadline in accordance with paragraph (1)(a) or 
restoration of a missed deadline according to paragraph (1) (b) shall not exceed six 
months from the date of expiry of an established deadline.  
 
(3) A request for performance of acti ons in accordance with paragraph (1) shall be 
considered submitted only after the prescribed fee has been paid.  
 
(4) The provisions of  this Article shall not apply to the deadlines provided for by 
paragraph (1) of this Article, and also by Article 16(2), Article 31, Article 33(1), Article 
35(1), Article 36, Article 37(2)(b) and (6)(b),  Article 39 (1), Article 40, Article 47(1), 
Article 48 (4), Article 49 and Article 82(2)(a).  
 
  page 39 
Chapter IV  
COLLECTIVE TRADEMARKS AND CERTIFICATION TRADEMARKS  
 
 Article 51.  Collective trademarks  
 
(1) Collective trademarks shall be used to distinguish goods and/or services of the 
members of one association (one g roup of persons)  in the name  of which the trademark 
was registered  from the goods and/or services of other persons.  Entitlement to register a 
collective mark shall be given to associations of manufacturers, producers, service 
providers and sellers who, on  the basis of the law, are competent in their own name to 
hold different kinds of rights or obligations, conclude agreements or produce other legal 
documents, bring legal cases in court, and also other legal entities under public law.  
 
(2) As an exception to Article 7(1)(c) collective trademarks as defined in paragraph 
(1) of this Article may be designations or indications which may serve in trade to indicate 
the geographical origin of goods and/or services.  A collective trademark shall not give 
its owner the right to prohibit third parties from using such designations or indications in 
trade, provided that they are used by third parties in accordance with the proper customs 
of producti on or commercial activity.  In particular, such a trademark may not be b inding 
on a third party that has the right to use a geographical name.  
 
(3) The provisions of this Law shall be applied equally to collective trademarks, 
taking into account the provisions of Articles 52 -57. 
 
 Article  52. Regulations on use of a collective  trademark  
 
(1) An applicant for a collective trademark shall, simultaneously with the filing of the 
trademark registration application or within another deadline fixed by the Regulations, 
submit regulations  on the use of a collective trademark.  
 
(2) The regulations  on the use of a collective trademark shall define the persons 
which have the right to use the trademark, the conditions for joining an association, and 
also the conditions of use of the trademark, including sanctions where applicable.  The 
regul ations  on the use of a collective trademark, as indicated in Article 51(2), shall give 
any person, whose goods and/or services come from the corresponding geographical area, 
the right to become a member of the association which owns the trademark.  
 
(3) Regulations  on the use of a collective trademark shall be published 
simultaneously with a registration application.  
 
 Article 53.  Refusal of a collective trademark registration application  
 
(1) Apart from a refusal of trademark registration application on the  grounds 
provided for by this Law, an application for the registration of a collective trademark may 
be refused if the requirements of Articles 51 or 52 are not observed or if regulations  on 
the use of a collective trademark contravene ordre publi c or mora ls.  page 40 
 
(2) An application for the registration of a collective trademark shall be refused also 
where a risk exists of misleading a user in relation to the character or significance o f the 
trademark and especially if it is not perceived as a collective tradem ark. 
 
(3) An application shall not be refused if the applicant removes the non -compliance 
with the requirements of paragraphs (1) and (2) by inserting amendments in the 
regulations  on the use of a collective trademark.  
 
 Article 54.  Amendments to regulatio ns on use of a collective trademark  
 
(1) The owner of a collective trademark shall inform the Agency of any amendments 
to regulations  on the use of a collective trademark.  
 
(2) The amendments shall not be entered in the National Register of Trademarks, if 
the amend ed regulations  on the use of a collective trademark does not meet the 
requirements of Article 52 or contain s grounds for the refusal indicated in Article 53.   
 
(3) Amendments to the regulations  on the use of a collective trademark shall enter 
into force from the date on which the corresponding indication is entered in the National 
Register of Trademarks.  
 
 Article  55. Bringing a suit for protection of rights in a collective trademark  
 
(1) The provisions of Article 27(6) and (7) on the rights of li censees shall apply to all 
persons that have the right to use a collective trademark.  
 
(2) The owner of a collective trademark may, on behalf of the persons that have the 
right to use the trademark, demand compensation for damage caused to them by the 
unlawful use of the trademark.  
 
 Article 56.  Grounds for deprivation of rights in a collective trademark  
 
 Apart from the deprivation of rights on the grounds provided for by this Law, the 
owner of a collective trademark may be deprived of rights as a result o f the submission to 
the district court  where AGEPI premises  are located  of a corresponding request or 
counterclaim in a rights protection case, if:  
 
(a) the owner does not take adequate measures to prevent the use of a trademark that 
is not compatible with the  conditions for use provided for by the regulations  on the use of 
a collective trademark;  
 
(b) the means of use of the trademark by the owner have led to a risk of the user 
being misled as defined in Article 53(2);  
  page 41 
(c) amendments to the regulations  on the use of a collective trademark have been 
entered in the National Register of Trademarks in violation of the requirements of Article 
54(2), apart from where the trademark owner removes such non -compliance with these 
requirements by means of a new amendment to the regulations  on the use of a collective 
trademark.  
 
 Article 57.  Ground s for invalidity of a collective trademark  
 
 Apart from invalidity on the grounds provided for by this Law, a collective 
trademark may be recognized as invalid  as a result of the submissi on to the district court  
where AGEPI premises  are located  of a corresponding request or counterclaim in a rights 
protection case, if it were registered in violation of the requirements of Article 53, apart 
from where the trademark owner removes the non -compliance with these requirements 
by means of a new amendment to the regulations  on the use of a collective trademark.  
 
 Article 58.  Certification trademark s (signs of correspondence)  
 
(1) Certification trademarks (signs of correspondence) may be registered with the 
Agency by the certification authorities authorized to certify the compliance of goods or 
services in accordance with Law No. 186 -XV on the Evaluation of Compliance of Goods 
of April 24, 2003.  Legal entities in addition to those indicated which pr oduce, import or 
sell goods or provide services shall not be entitled to register collective trademarks.  
 
(2) The provisions of this Law shall be applied equally to certification trademarks, 
taking into account the provisions of this Article.  
 
(3) Together  with the filing of a collective trademark registration application in 
accordance with Article 30 or within the deadline established by the Regulations, an 
applicant shall submit:  
 
(a) regulations  on the use of a collective trademark;  
(b) an authorization or docum ent providing competence for performing certification 
activity  or, in appropriate cases, proof of registration of a certification trademark in the 
country of origin.  
 
(4) Regulations  on the use of a certification trademark shall specify the persons 
entitle d to use the trademark, the elements and characteristics which must be certified by 
the trademark, the procedure for the conduct by the certification authority of the 
verification of such characteristics and their observance of the use of the trademark, 
sanctions for infringement of regulations , the fees payable for use of the trademark and 
dispute settlement procedures.  
 
(5) The use of a certification trademark shall be permitted for any person offering 
goods o r providing services which correspond to the c haracteristics defined in the 
regulations  on the use of a certification trademark, and satisfying the requirements 
thereof.   page 42 
 
(6) The owner of a certification trademark shall permit competent persons to use the 
trademark for goods or services which possess the characteristics defined in the 
regulations  on the use of this trademark.  
 
(7) If a person competent to use a certification trademark does not comply with the 
regulations  on the use of the trademark, its owner shall be entitled to withdraw 
authorization  for use of the trademark or apply other sanctions provided for by the 
regulations . 
 
(8) Apart from the refusal on the grounds provided for an individual trademark 
registration application, an application for the registration of a certification trademark 
may be refused, if the sign does not satisfy the requirements of paragraphs (1) and (3), 
and also the legislative rules on certification.  
 
(9) A certification trademark may not be the subject of an agreement for the 
assignment of rights, a pledge, or also c ompulsory measures.  In the case of dissolution of 
a legal entity – owner of a certification trademark, this sign may be transferred to any 
legal entity in accordance with the conditions established by law.  
 
(10) A certification trademark may be cancelled by a decision handed down by a court, 
at the request of any interested person, if it does not satisfy the requirements of 
paragraphs (1) -(9). 
 
(11) If a certification trademark loses its protectability, it shall not be subject to 
registration or use for ot her purposes for a period of ten years from the date on which  it 
loses its protectability.  
 
(12) The fees provided for by this Law for collective trademarks shall also apply to 
certification trademarks.  
 
 
CHAPTER V  
PUBLIC INFORMATION  
 
 Article 59.  National  Register of Trademarks  
 
(1) The Agency shall keep the National Register of Trademarks in which shall be 
printed information whose registration is provided for by this Law and established by the 
Regulations.  Any entries or amendments, produced in the Nati onal Register of 
Trademarks, shall be published in the BOPI . 
 
(2) The National Register of Trademarks shall be available for public consultation.  
 
(3) On request and provided the prescribed fee has been paid, the Agency may issue 
extracts of the National R egister of Trademarks.   page 43 
 
 Article 60.  Periodicals  
 
The Agency shall issue  on paper carrier, in electronic format and on its official website  
the periodical Official Bulletin of Industrial Property of the Republic of Moldova, 
containing:  
 
(a) information on indu strial property subject matter, including on trademarks entered 
in the National Register of Trademarks and also other information on trademarks whose 
publication is provided for by this Law or other normative acts in the area in question;  
 
(b) general communic ations  and information received from the Agency Director 
General;  
 
(c) other information related to the provisions of this Law and its application.  
  page 44 
CHAPTER VI  
OBSERVANCE OF RIGHTS  
 
 Article 61.  Protection of rights  
 
(1) Any natural person or legal entity and  also other interested persons which have 
claims relating to the use of a trademark registered or for which registration is requested, 
shall be entitled to apply  to the courts for protection of their rights and legal interests.  
 
(2) A suit for infringement  of exclusive rights or the legal interests flowing therefrom 
may be brought by the following persons:  
 
(a) a trademark owner;  
 
(b) any person which has the right to use a registered trademark, in particular 
licensees in accordance with Article 27(6);  
 
(c) other natur al persons or legal entities representing a rights owner . 
 
(3) A person whose rights have been infringed may apply  to the courts for protection 
of its rights within the period of legal limitation established by the law and constituting 
not less than three years.  
 
 Article 62 . Suit concerning announcement of non -infringement of rights  
 
(1) Any person using a trademark protectable on the territory  of the Republic of 
Moldova or having made serious and real preparations for the use thereof shall be entitled 
to apply  to the rights owner  to determine  its position regarding the infringement of the 
document providing protection as a result of such use, and the rights owner shall respond 
to the person in question.  
 
(2) If the position of a rights owner provided for b y paragraph (1) does not satisfy it 
or if the rights owner does not de termine its position within three months, the interested 
person shall be entitled to bring a suit with the competent court for the establishment of 
non-infringement of rights.  
 
(3) A sui t concerning announcement of non -infringement of rights may not be filed 
by one and the same person in relation to one and the same subject matter, if a court has 
previously handed down a decision on the presence or absence of the infringement of 
rights.  
 
 Article 63.  Measures for provision of evidence prior to filing a suit  
 
(1) Any competent person that has provided sufficient evidence confirming 
infringement of its rights may request a court or other competent authority, prior to 
bringing a suit against unlawful activities, to take temporary measures to provide  page 45 
corresponding proof, subject to the confidential nature of information being preserved 
and an adequate security being provided or guarantee of equal value supplied, which are 
necessary for compensa tion for harm caused to the defendant where any kind of 
infringements are not proven.  
 
(2) In taking measures to provide proof, a court shall be entitled to:  
 
(a) request a detailed description of the acts alleged to be infringements;  
 
(b) seize disputed goods;  
 
(c) seize materials and equipment used in the process of producing and/or distributing 
disputed goods;  
 
(d) request the provision of the corresponding documents.  
 
(3) The procedure for applying measures to provide proof shall be applied by a court 
or other competen t authority in accordance with the corresponding provisions of the Code 
of Civil Procedure.  Measures to provide proof shall be implemented with the 
participation of a court enforcer, accompanied where necessary by an Agency 
representative and police offic er. 
 
 Article 64.  Provision of evidence in urgent  cases  
 
(1) Measures to provide proof may be established without hearing the defendant, if a 
delay may lead to harm being done to the rights owner, which is not correctable, or the 
risk of destruction of pro of exists.  Any court decision shall be communicated 
immediately to the party whose interests are affected.  
 
(2) A decision on the provision of proof may be appealed in the courts.  
 
 Article 65.  Invalidity of measures for provision of evidence  
 
(1) Measur es for the provision of proof shall have no value or be invalid:  
 
(a) if within 20 working days a claimant does not bring a suit for the infringement of 
rights in a court;  
 
(b) as a result of any guilty acts or the failure to act on the part of the claimant ; 
 
(c) wher e the absence of an infringement or an attempted  infringement of rights is 
established;  
 
(d) in the other cases provided for by the law – on a court decision.  
  page 46 
(2) If as a result of measures to provide proof, which are recognized as without value 
or invalid, h arm is caused, a claimant shall pay the defendant the corresponding 
compensation.  
 
 Article 66.  Presentation and provi sion of evidence within the framework of a 
suit for the infringement of rights  
 
(1) If a party presents arguments to justify its claims, a nd also information regarding 
the fact that particular proof is available to the opposing party, a court shall order a 
sufficient and reasonable quantity of the evidence to be presented , provided that the 
confidentiality of information is preserved.  In th e case of an infringement of rights in the 
commercial sphere, a court may also order the parties to submit bank, financial or 
commercial documentation.  
 
(2) In cases where one of the parties to proceedings  unjustifiably refuses access to 
requisite informat ion or unfairly delays the presentation  of such information, thereby 
hampering the settlement of a dispute, a court shall decide to accept or refuse to accept a 
claim based on the information presented , including a complaint or claim by the party 
injured b y the refusal of access to the information, provided that the parties are given the 
possibility to be heard regarding their claims or proof . 
 
 Article 67.  Right to information  
 
(1) When establishing in the process of examining a dispute the infringement of  
rights in a trademark, a court may request information on the origin and distribution 
channels of goods infringing the right in a trademark from the infringer and/or any other 
person:  
 
(a) in whose possession counterfeit goods intended for sale were discovere d; 
 
(b) who was discovered to be using for commercial purposes services with 
counterfeit goods;  
 
 
(c) who was discovered to be providing for commercial purposes services used in 
activities infringing rights;  or  
 
(d) of whom an indication was given  by the person menti oned in subparagraphs (a), 
(b) or (c), as dealing with the manufacture, production or distribution of goods or 
provision of services.  
 
(2) The information indicated in paragraph (1) shall, where necessary, include:  
 
(a) names and addresses of producers, distri butors, suppliers and previous owners of 
goods, as well as presumed retail and wholesale sellers;  
  page 47 
(b) information on the quantity of goods produced, supplied, obtained or ordered, as 
well as on the prices thereof.  
 
(3) Paragraphs (1) and (2) shall be applied without prejudice to the legislative and 
regulatory standards which:  
 
(a) allow a rights owner to receive more detailed information;  
 
(b) regulate the use of information provided in accordance with this Article in civil or 
criminal cases;  
 
(c) determine responsibility  for misuse of the right to information;  
 
(d) give the possibility to refuse to provide information, which could oblige the 
person mentioned in paragraph (1) to recognize its participation or the participation of its 
close relatives in the infringement of righ ts in a trademark;  or  
 
(e) regulate the preservation of confidentiality of information sources or processing 
of personal data.  
 
 Article 68.  Measures for bringing a suit for i nfringement of rights  
 
(1) Having established the fact of actual or unavoidable infr ingement of the rights in 
a trademark, a court may, at the request of the rights owner, take measures to bring a suit 
for infringement of the rights in relation to the infringer and/or intermediaries, such as:  
 
(a) taking a decision to temporar ily prohibit the particular activities constituting the 
infringement of the rights in a trademark, or to allow such act ivitie s, subject to the 
provision of a security which is sufficient to provide compensation for the harm done to 
the rights owner;  
 
(b) seizing the property suspected of infringing the rights in a trademark in order to 
prevent it from being introduced into commercial channels;  
 
 
(c) seize any  property of the infringer, including blocking bank accounts, supplying 
bank, finance or commercial documentation, if the in fringement occurs in the commercial 
sphere and a risk of non -compensation for harm exists.  
 
(2) Measures to guarantee rights may be established in accordance with Article 64 
without hearing a defendant, if a delay may lead to uncorrectable harm being cause d to 
the rights owner or a risk exists of destruction of evidence.  The decision of the court 
shall be communicated immediately to the party whose interests are affected.  
 
 Article 69.  Corrective measures  
  page 48 
(1) Having established that an infringement of rig hts has taken place, a court may, at 
the applicant’s request, order measures to be taken in relation to the goods infringing the 
rights in a trademark and, in appropriate cases, in relation to the materials and equipment 
which were used in creating and man ufacturing these goods.  Such measures shall include 
in particular:  
 
(a) temporary removal of the goods from commercial circulation;  
 
(b) final removal of the goods from commercial circulation;  or  
 
(c) destruction of the goods – where a trademark cannot be removed fr om an item 
without the item being destroyed, and also where the removal of a trademark is 
insufficient for the purposes of excluding the infringement of rights.  
 
(2) The measures indicated in paragraph (1) shall be carried out at the defendant’s 
expense, a part from in cases where there are substantial grounds preventing this.  
 
(3) When examining a request for the application of corrective measures, a court shall 
be governed by the principle of fairness, proportionality to the seriousness of the 
infringement  committed and the prescribed means of protection, and shall also take into 
account the interests of third parties.  
 
 Article 70.  Implementation of court decisions  
 
 When taking a decision concerning infringement of the rights in a trademark, a 
court may, at the rights owner’s request, apply to the infringer measures to guarantee 
implementation of the decision, in accordance with which the infringer shall be warned of 
the prohibition on any acts constituting an infringement of the rights of the rights owner .  
For this purpose, the court may oblige the infringer to provide an adequate security or a 
guarantee of equal value.  The rights owner may request that such measures be applied 
also to intermediaries, whose services are used by third parties to infringe its rights in a 
trademark.  
 
 Article 71.  Alternative measures  
 
 If an infringement of the rights in a trademark causes, unconsciously or owing to 
neglect, material damage, a court may, at the request of the interested person, oblige the 
infringer to pay mo netary compensation instead of the measures to guarantee the rights 
provided for in this chapter.  In determining the level of monetary compensation, the size 
of the royalty which could have been obtained by the rights owner in the case of 
permitted use of  a trademark shall be taken into consideration as a minimum.  
 
 Article 72.  Compensation for damage  
 
(1) At the request of the injured party, a person who consciously or with reasonable 
grounds to be aware of the fact infringed the rights in a trademark, s hall compensate the  page 49 
rights owner for actual damage caused to it as a result of the infringement of its rights.  
When determining the level of damages:  
 
(a) in the calculation all substantive circumstances shall be taken into consideration 
such as negative econ omic consequences, including lost profit of the injured party, 
income unlawfully obtained by the defendant, and in appropriate cases also other aspects 
such as moral harm caused to the rights owner as a result of the infringement;  or  
 
(b) as an alternative a single sum may be determined, calculated as the minimum sum 
of the royalty or remuneration which would accrue to the rights owner, if the claimant 
requested authorization to use the corresponding trademark.  
 
(2) In this case , where an infringer  has unconsc iously committed an infringement or 
does not have reasonable grounds to be aware of that, he shall be obliged to compensate 
the rights owner for lost profit or damage caused, as established in accordance with this 
Law.  
 
 Article 73.  Advertising measures  
 
(1) Within the framework of suits for the infringement of protectable rights in a 
trademark, a competent court may, at the request of the claimant and at the infringer’s 
expense, prescribe corresponding measures for dissemination of information concerning a  
court decision, including its presentation for public consultation and also publication of 
the decision in full or in part.  
 
(2) A competent court may prescribe additional advertising measures corresponding 
to specific circumstances, including large -scale  measures.  
 
 
CHAPTER VII  
INTERNATIONAL REGISTRATION OF TRADEMARKS  
 
 Article 74.  Basic provisions  
 
 The provisions of this Law shall apply mutatis mutandis to international 
registrations based on the Madrid Agreement or the Protocol Relating Thereto, the 
country of origin of which is the Republic of Moldova or the effect of which extends to 
the Republic of Moldova, excluding cases where these documents provide otherwise.  
 
 Article 75.  International application  
 
(1) An international application in accordance with Article 3 of the Madrid 
Agreement for a trademark entered in the National Register of Trademarks or, in 
appropriate cases, an international application in accordance with Article 3 of the 
Protocol to the Agreement for a trademark, filed for registrati on or entered in the 
National Register of Trademarks, the country of origin of which is the Republic of  page 50 
Moldova, shall be filed with the International Bureau of the World Intellectual Property 
Organization  (hereinafter - International Bureau ) via the Agenc y. 
 
(2) An international application, as indicated in paragraph (1), may be filed by any 
natural person or legal entity which has an actual operational industrial or commercial 
enterprise in the Republic of Moldova or, in the absence thereof, a place of re sidence in 
the Republic of Moldova or, in the absence thereof, is a citizen of the Republic of 
Moldova or immigrant therefrom.  
 
(3) The filing date of an international application, based on a registered trademark 
filed with the Agency before the date of tr ademark registration, shall be considered the 
date of entry of the trademark in the National Register of Trademarks.  
 
(4) An international application shall be compiled in accordance with the 
Administrative Instructions and shall contain special informatio n in relation to the 
countries for which the territorial extension of protection stemming from international 
registration is requested.  
 
 Article 76.  International registration fees  
 
(1) The following fees shall be paid for the filing of an international a pplication:  
 
(a) to the Agency – for the acceptance, verification, examination and transfer to the 
International Bureau of an application;  
 
(b) to the International Bureau – for the registration of a trademark in accordance 
with Article 8(2) of the Madrid Agreemen t and/or , in appropriate cases, Article 8(2) or 
(7) of the Protocol Relating Thereto.  
 
(2) The fees provided for by paragraph (1) of this Article for the filing of an 
international application, as indicated in Article 75(3), shall be paid at the date of en try of 
a trademark in the National Register of Trademarks.  
 
(3) The fees provided for by paragraph (1)(b) may be paid to the International Bureau 
directly or through the Agency.  In the case of non -payment of fees an international 
application shall be cons idered not to have been filed.  
 
 Article 77.  Agency international application verification procedure  
 
(1) Within one month of the date of receipt, the Agency shall examine and verify the 
documents contained in an international application as to whether it satisfies the 
provisions of Article 75(4) and the dat a of the application correspond  to the information 
entered in the National Register of Trademarks or, in appropriate cases, in the National 
Register of Trademark Registration Applications.  
  page 51 
(2) If an app lication satisfies the requirements of this Law and the conditions of the 
Administrative Instructions, the Agency shall visa it, indicating the application filing date 
with the Agency, and shall send one copy to the International Bureau and a second copy 
to the applicant as proof that the application has been filed.  
 
(3) The international registration date as defined in Article 3(4) of the Madrid 
Agreement or, in appropriate cases, Article 3(4) of the Protocol Relating Thereto, the 
country of origin of whic h is the Republic of Moldova, shall be considered the filing date 
of an international application with the Agency, provided that the application is received 
by the International Bureau within two months;  in the opposite case, the date of an 
international registration shall be considered the date on which the International Bureau 
receives an international application.  
 
(4) If, in accordance with paragraph (1), mistakes or inaccuracies are detected, the 
correction of which requires the applicant’s consent, i n particular, changes to the list of 
goods and/or services, the Agency shall inform the applicant accordingly and shall 
propose that within a reasonable period, in view of Article (3), that the mistakes or 
inaccuracies  be corrected . 
 
 Article 78.  Request f or subsequent indication  
 
(1) The owner of an international registration, the country of origin of which is the 
Republic of Moldova, may subsequently request territorial extension of the protection of 
a given registration to one or more countries which wer e not indicated in the original 
international application in relation to all or part of the goods and/or services listed in the 
international registration, by submitting an appropriate request to the International 
Bureau via the Agency.  
 
(2) The request in dicated in paragraph (1) shall be accompanied by payment of the 
prescribed fees.  The provisions of Article 76(1) and (3) shall apply mutatis mutandis . 
 
(3) The provisions of Article 77  shall apply mutatis mutandis  to a request for 
subsequent indication.  
 
(4) The subsequent territorial extension of protection shall be valid from the date of 
its entry in the International Register  or some other date specified by the applicant  and its 
effect shall cease at the same time as the validity of the international re gistration to which 
it relates  expires . 
 
 Article 79.  Procedure for examining an international registration  
   communicated by the International Bureau  
 
(1) The observation -related procedures according to Article 39,  objection -related 
procedures according  to Article 40 and substantive examination procedures according to 
Article 41 shall apply, on the same conditions as to an application filed directly with the 
Agency to any international registration containing the indication Republic of Moldova  page 52 
or, in app ropriate cases, that has, as a subject of subsequent territorial extension, the 
Republic of Moldova, communicated by the International Bureau.  
 
(2) As an exception to Article 39 paragraph (1) and  Article 40 paragraph (1), an 
observation or an objection to  an international registration may be lodged within six 
months of the date of official publication by the International Bureau of the information 
relating to the extension of the effects of that international registration to the Republic of 
Moldova . 
 
(3) If in the process of a substantive examination according to paragraph (1) it 
emerges that an international registration does not satisfy legal requirements, or if an 
objection is lodged against a particular international registration, the Agency shall issue  a 
preliminary refusal of registration in relation to all or, in appropriate cases, part of the 
goods and/or services , and the International Bureau shall be informed accordingly.  
 
(4) Any procedure provided for by the Law, following a preliminary refusal a s 
indicated in paragraph (3), shall be carried out directly between the Agency and an 
applicant represented by a patent attorney.  
 
(5) After a final decision is taken in relation to an international registration, the 
Agency shall inform the International B ureau of:  
 
(a) a refusal of protection for a trademark;  or  
 
(b) grant of protection for a trademark in relation to all the claimed goods and/or 
services;  or  
 
(c) the goods and/or services in relation to which a trademark is protected.  
 
(6) The Agency shall, in accor dance with the procedure provided for, inform the 
International Bureau of all final decisions taken by courts concerning refusal, withdrawal, 
either partial or full, exclusion or cancellation of an international registration, or of 
changes to decisions for  a refusal of international registration.  
 
 Article 80.  Effect  of an international registration with the indication  
   Republic of Moldova  
 
(1) Any international registration in which the Republic of Moldova is indicated 
shall, beginning from the date of international registration or, in appropriate cases, from 
the date of subsequent indication of the Republic of Moldova, have the same effect as 
where a trademark is filed for registration directly with the Agency.  
 
(2) If the Agency has not informed the In ternational Bureau of a refusal of 
registration in accordance with Article 79(3) or if a refusal communicated is subsequently 
either partially or fully withdrawn, protection for the trademark in the Republic of  page 53 
Moldova, beginning from the date indicated in  paragraph (1) of this Article shall be the 
same as where a trademark is registered directly with the Agency.  
 
(3) If a trademark is refused protection in accordance with Article 79(5)(a), it shall be 
considered that in the Republic of Moldova the said int ernational registration had no 
effect, as indicated in paragraphs (1) and (2) of this Article.  
 
 Article 81.  Replacement of a national trademark with an international  
   registration  
 
At the request of the owner of a trademark, previously entered in the N ational 
Register of Trademarks, the Agency shall, in accordance with Article 4 bis of the Madrid 
Agreement and Article 4 bis of the Protocol Relating Thereto, make known the 
replacement of this trademark with a subsequent international registration of the sa me 
trademark in the name of the same owner and in relation to the same goods and/or 
services, which extends to the Republic of Moldova.  A replacement shall be entered in 
the National Register of Trademarks and shall not be prejudicial to the rights previo usly 
required by the rights owner.  
 
 Article 82.  Transformation  of an international registration into a national  
   application.  
 
(1) The owner of an international registration in which the Republic of Moldova is 
indicated in accordance with the Protocol to the Agreement may pursuant to Article 
9quinquies  of the said Protocol to the Agreement , apply  to the Agency for the 
transformation  of an international registration into an application for registration of the 
same trademark, if at the request of the Offi ce of the country of origin the international 
registration is excluded in relation to all or part of the goods and/or services listed in the 
corresponding registration.  
 
(2) The application provided for by paragraph (1) shall be examined as if it were file d 
directly with the Agency at the date of international registration or at the date of 
subsequent territorial extension to the Republic of Moldova and, if the international 
registration ha d priority, this application shall enjoy the same priority, provided  that: 
 
(a) the application is filed within three months of the date at which the international 
registration was excluded from the International Register;  
 
(b) goods and/or services listed in the application are covered  by a list of goods 
and/or services contained  in the international registration in relation to the Republic of 
Moldova;  
 
(c) the application satisfies all the requirements of this Law and the Regulations;  
 
(d) a document confirming payment of the prescribed fees is attached to the 
application.   page 54 
 
(3) An applic ation for transformation  shall be accompanied by a document issued by 
the International Bureau, which must contain details of the trademark and goods and/or 
services in relation to which the Republic of Moldova was indicated prior to exclusion of 
the inter national registration from the International Register.  
 
(4) If at the date of exclusion of an international registration from the International 
Register the deadline for notification of preliminary refusal, in accordance with Article 
5(2) of the Protocol t o the Agreement, has expired, and if at the given date the Agency 
has not taken a decision for refusal and no legal proceedings exist for the withdrawal of 
protection in relation to the corresponding trademark, the objection -related procedure 
according to Article 40 shall not be applied and the Agency shall register the trademark 
in accordance with Article 46.  
 
CHAPTER VIII  
GENERAL PROVISIONS  
 
 Article 83.  Competence to settle disputes  
 
(1) Disputes arising in the process of application of this Law shall be  examined by the 
Agency Commission for Examination of Objections,  the district court  where AGEPI 
premises  are located  or specialized arbitration.   
 
(2) The Agency Commission for Examination of Objections shall settle disputes 
linked to challenges against d ecisions handed down by Agency subdivisions.  
 
(3) The district court  where AGEPI premises  are located  shall settle disputes 
concerning:  
 
(a) the right of ownership in a trademark;  
 
(b) licensing of trademarks;  
 
(c) suits for protection of rights in a trademark;  
 
(d) cance llation of trademarks;  
 
(e) suits concerning  the announcement of non -infringement of rights;  
 
(f) measures for provision of proof prior to bringing a suit;  
 
(g) measures provided for by Article 68 for the bringing of a suit for infringement of 
rights;  
 
(h) measures flowin g from the substantive examination of a case in court;  
  page 55 
(i) examination of actions filed against the  decisions of the Agency Commission for 
Examination of Objections ;  
 
(j) loss of rights in a trademark;  
 
(k) recognition of a trademark as well known.  
 
(4) Specialized arbitration shall examine disputes arising in relations, be they 
agreement -based or otherwise, linked to industrial property, concerning in particular:  
 
(a) priority;  
 
(b) the issue of a trademark registration certificate;  
 
(c) grant of rights provided for by a tradem ark registration certificate and enjoyment 
thereof;  
 
(d) infringement of the exclusive right of a trademark owner;  
 
(e) relations between a licensor and licensee relating to:  
 
- payment procedure;  
- application filing rights;  
- cost of a license;  
- disclosures cau sing material harm;  
- level of remuneration;  
 
(f) establishment of a trademark owner;  
 
(g) other disputes not relating to the activities of State authorities.  
 
 Article 84.  Fees 
 
(1) Fees shall be levied for the filing of a trademark registration application and 
examination thereof, lodging of an objection and challenge, registration of a trademark 
and issue of a registration certificate, extension of trademark registration, and also for the 
performance of other legally significant acts linked to application examin ation procedures 
and the legal protection of a trademark.  
 
(2) The acts , for the performance of which fees are levied , and the levels of such fees 
shall be established by the Government.  
 
(3) Fees shall be paid by an applicant, rights owner, and also other  authorized natural 
persons and legal entities.  
  page 56 
(4) The fees paid, excluding those for the filing of a trademark registration 
application, shall be returned to the person who paid them at its request, where  the 
procedure for which the fee has been paid ha s not yet been launched.  
 
(5) A fee paid at lower than the prescribed level shall be taken into account when 
paying the missing sum, and a procedure shall be launched from the time of payment of 
the whole fee.  
 
(6) A fee for registration and issue of a tra demark registration certificate, not paid 
within the prescribed deadline, may be paid within six months of the date of the missed 
deadline with a supplement of 50 per cent.  
 
(7) When filing a request for the conduct of urgent procedures, the amount of the  fee 
shall be increased by 100 per cent and the deadline for carrying out such work shall be 
reduced by half.  
 
(8) Objections and challenges to the central sectoral public authorities and local 
public government shall be examined free of charge where they o perate in the interests of 
society.  
 
 Article 85.  Right of foreign natural persons and legal entities  
 
Foreign natural persons and legal entities shall enjoy the rights granted by this 
Law, on an equal basis with natural persons and legal entities of the R epublic of 
Moldova.  
 
 
CHAPTER IX  
FINAL AND TRANSITIONAL PROVISIONS  
 
 Article 86.  Entry into force and applicability of this Law  
 
(1) This Law shall enter into force three months after the day of publication, with the 
exception of Article s 63, 64, 65 and 66 , which shall come into force simultaneously with 
the entry into force of the corresponding amendments to the Code of Civil Procedure.  
 
(2) From the day of entry into force of this Law, Law No. 588 -XIII on Trademarks 
and Appellations of O rigin of September  22, 1995, in sofar as it relates to trademarks, 
shall be recognized as having been repealed.  
 
(3) It is established that:  
 
(a) trademark registration applications, the examination procedures for which are not 
complete prior to the day of entry into force of th is Law, shall be examined in accordance 
with the procedure established by this Law;  
  page 57 
(b) trademark registration certificate s issued by the Agency prior to the entry into 
force of this Law shall be equal in legal terms  to the trademark registration certificate s 
issued in accordance with this Law;  
 
(c) disputes existing at the date of entry into force of this Law in the process of 
examination shall be settled in accordance with the rules contained in the law in force at 
the date on which the dispute arises . 
 
 Article  87. Organization of implementation of this Law  
 
 Within three months of the day of entry into force of this Law  the Government 
shall : 
 
(a) submit to Parliament proposals for bringing existing legislation into line with this 
Law, including proposals for in troducing amendments to the Code of Civil Procedure;  
 
(b) bring its normative acts into compliance with this Law.  
 
CHAIRPERSON OF THE PARLIAMENT   Marian LUPU  
 
Chisinau , February 29, 2008  
No. 38 -XVI