PATENTS
Moldova Patent Law
* Patent Law, as of December 28, 1995, last amended on July 30, 2015.
* Plant Varieties Law, as of November 28, 1996, last amended on July 30, 2015.
Moldova is member of the followings Agreement and conventions
Paris Convention, since December 25, 1991.
Patent Cooperation Treaty, since December 25, 1991.
Validation of a European patent possible since November 1, 2015.
Locarno Agreement (1968).
WTO/TRIPS (1994).
Document required
Power of Attorney (POA) simply signed. Need to be provided to the Moldavian Patent Office within 2 months from filing the application.
Language
Romanian (Official)
Moldova Patent Registration Procedure
The patent application is filed at the State Agency on Intellectual Property (AGEPI) of Moldova. After completion of the filing procedure the application undergoes a formal and preliminary examination. In case of meeting the requirements of examination on condition of payment of the corresponding official fee and on the applicant’s request which can be filed within 30 months from the application filing date a Provisional Patent is issued or the application undergoes a substantive examination. If the application complies with all requirements of the examination the grant decision is issued and the application is published. Any interested person may file an opposition against the grant decision within 6 months from the publication date. In the absence or rejection of the opposition and upon payment of the official registration fee by the applicant the patent is issued.
Timeframe
The approximate timeframe from filing to registration of the patent registration in Moldova takes from 2 to 3 years.
Duration
Patent issued after full examination: valid for 20 years from the day following the filing date.
Short-term patent issued after a formal and preliminary examination: valid for 5 years;
Annuities
Accumulated and due after the grant of the patent; subsequent annuities are payable prior to the anniversary of the filing date.
PCT
* Entry of PCT application into national phase should be effected within 31 months from the international filing date in Chapter I or II or a priority date (if any).
Priority
The term for filing a conventional patent application in Moldova is 12 months from the priority date.
TRADEMARKS
Moldova Trademark Law
Legal basis is the Law on Protection of Trademarks No. 38-XVI of February 29, 2008.
Moldova is a member of the Madrid Agreement and the Madrid Protocol and of the Singapore Treaty, as well as Trademark Law Treaty (TLT).
Trademark protection is obtained by registration.
Trademarks which were protected in the former Soviet Union are protected in Moldova only, if they were transcribed within the period stipulated.
Moldova is member of the followings Agreement and conventions
-Paris Convention, since December 25, 1991.
-Madrid Agreement, since December 25, 1991.
-Madrid Protocol, since December 1, 1997.
-Hague Agreement (1925).
-Budapest Treaty (1977).
-Nice Agreement (1957).
-WIPO Convention (1967).
Classification
Nice classification, 11th edition. Multiple-class applications are possible.
Document required
Simply signed Power of Attorney is sufficient. Need to be provided within two months after filing.
Moldova Trademark Registration Procedure
The application is filed at the State Agency on Intellectual Property (AGEPI).
The application process includes a formal examination and a substantive examination. Before substantive examination the trademark application is published in the Official Bulletin of Intellectual Property.
The trademark can be provisionally refused because it lacks distinctiveness, based on an earlier right or based on an opposition filed by a third party.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use in the territory of the Republic of Moldova.
* If the application doesn’t meet requirements, they will send Notification – Provisional refusal. 2 months to answer.
National Opposition Period
The opposition period is 3 months from publication date of the application.
* Oppositions against trademark application in Moldova may be filed for national application within 3 months from the date of publication of an application; for International Registration within 6 months from the publication of the application. If no opposition was filed within the opposition period, and the decision about acceptance was issued, the protest against registration may be filed within 1 month from the acceptance date (should be monitored).
Timeframe
The processing time from the first filing to registration is approximately from 14 to 18 months.
Duration
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
* In Moldova it is possible to apply for a trademark renewal within 6 months before the deadline. There is also a 6-month grace period which allows applying for a renewal after the deadline upon payment of a stipulated fine. Reinstatement of a lapsed trademark is possible within 1 year after last day of grace period upon payment of a stipulated fee and provision of a document confirming force majeure circumstances preventing to apply for renewal in due time.
Use
Use is Compulsory. If not used within any five-year period after the registration (or last use) date, the mark can be cancelled upon request of an interested party.
Priority
Priority claim is possible. - Certified copy of priority document may be filed to the Moldavian Trademark Office within three months from the filing date.
Cancellation of Trademark in Moldova
* Cancellation based on relative grounds may be filed to Court within the entire period of validity of the trademark
* Cancellation based on absolute grounds may be filed to Court within the entire period of validity of the trademark;
* Cancellation based on non-use may be filed to Court. The grace period is 5 years from registration.