Trademarks in Moldova

Competent Authority & System

Official Authority: State Agency on Intellectual Property of the Republic of Moldova / Agenția de Stat pentru Proprietatea Intelectuală (AGEPI).

Official Language: Romanian.

System: National IP system.

International Treaties

Madrid System: Member of both the Madrid Agreement and the Madrid Protocol (since December 1, 1997). Moldova can be designated in international applications via WIPO.

Paris Convention: Member state; convention priority can be claimed within 6 months from the initial filing date.

Applicant & Representation Requirements

Entitlement: Both natural persons and legal entities (domestic or foreign) are eligible to apply.

Representation for Foreign Applicants: Non-resident foreign natural persons or legal entities without a domicile or real commercial establishment in Moldova must be represented by a registered local Moldovan patent/representative.

Power of Attorney (POA): Required. A simple signed Power of Attorney is accepted; notarization or Legalization/Apostille is not required. The POA can be submitted late within 2 months from the filing date.

Online Services & Database

E-Filing: E-filing is fully operational through the official AGEPI online services portal.

Free Trademark Search Database: Public searches are accessible free of charge via the official AGEPI Trademarks Database (e-AGEPI), as well as TMview and the WIPO Global Brand Database.

Registrable Mark Types

Types: Words, figurative signs, combined logos, 3D shapes/packaging, color combinations, sounds, and other distinctive signs capable of graphical representation.

Foreign Characters & Translation: Applications featuring non-Latin characters or non-Romanian terms must include a transliteration into the Latin alphabet and a translation into Romanian.

Classification Framework

Nice Classification: Uses the active edition of the Nice Classification.

Multi-class Filings: Permitted under a single application.

Class Headings: Specifications must be precise; reliance on vague class headings can lead to office actions requiring clear identification of goods and services.

Examination Process

Examination Scope:

Formal Examination: Conducted within 1 month from filing to check formal requirements.

Substantive Examination: AGEPI evaluates both absolute grounds (distinctiveness, descriptiveness, genericness, public policy) and relative grounds (ex officio search for prior identical or confusingly similar trademarks).

Office Action Deadlines: Standard response time for formal deficiency letters or provisional refusal notices is typically 2 months from official notification.

Publication & Opposition

Opposition Window: 3 months starting from the publication date of the application in the Official Bulletin of Intellectual Property (BOPI). Oppositions are examined administratively by AGEPI.

Standing: Holders of earlier registered trademarks, pending applications with earlier priority, well-known marks, or prior commercial rights.

Timeline & Expedited Examination

Average Timeframe: Approximately 10 to 14 months from filing to registration in smooth, un-opposed cases.

Accelerated Examination: AGEPI offers official fast-track processing procedures upon payment of urgency surcharges, significantly reducing the examination timeframe.

Official Fees

Official statutory fees at AGEPI (payable in EUR or Moldovan Lei at official rates):

Filing Fee (Formal Examination - 1st Class): €40.

Substantive Examination Fee: €200 base fee + €50 per additional class.

Registration & Certificate Issuance Fee: €250 (payable prior to grant).

Official Opposition Fee: €100.

Standard Renewal Fee (10 Years - 1st Class): €250 base + €50 per additional class.

Duration & Renewal

Validity Period: 10 years calculated from the filing date.

Renewal Duration: Renewable indefinitely for consecutive 10-year terms. Renewal applications can be filed within 6 months prior to expiration.

Grace Period: A 6-month grace period post-expiration is allowed for late renewal, subject to an official late payment surcharge.

Use Requirements & Priority System

Priority System: First-to-file system. Priority documents can be submitted within 3 months from the filing date.

Non-Use Cancellation: A registered trademark becomes vulnerable to revocation on non-use grounds if it is not put to genuine commercial use in Moldova for a continuous period of 5 years post-registration.

Declaration of Use: No periodic maintenance declarations or affidavits of use are required during routine 10-year renewals.

Post-Registration Transactions

Recordals: Rights assignments, licensing agreements, pledges, and changes of corporate details (name/address) must be officially registered with AGEPI to be enforceable against third parties.

Legal Remedies & Enforcement

Cancellation & Invalidity: Non-use revocation actions and absolute/relative invalidity claims are filed with the Appeals Commission at AGEPI or brought directly before the competent civil courts of Chisinau.

Customs Enforcement: Brand owners can file applications for customs border surveillance with the Customs Service of the Republic of Moldova to intercept counterfeit or infringing goods at the border.

Country-Specific Risks & Practical Insights

Two-Stage Official Fee Structure: AGEPI splits official statutory fees into filing/examination fees upfront and a separate €250 registration grant fee payable upon successful allowance.

Ex Officio Relative Search: AGEPI conducts relative grounds searches ex officio during substantive examination. If a prior conflicting mark is cited, applicants can attempt to overcome the objection via a letter of consent or coexistence agreement.

Late POA Submission Window: Foreign applicants can secure an immediate filing date and submit the simple signed POA within 2 months of filing.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.