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Moldova - New Trademark Law

A new Law on Trademarks and Appellations of Origin of Goods, enacted to replace the Provisional Rules for the Protection of Industrial Property, has entered into force in the Republic of Moldova. The principal changes effected by the new law are summarized below.

1) Registrable marks are defined as signs serving to distinguish the goods or services of one party from those of others, comprised of words, including forenames and surnames, figurative signs and three-dimensional shapes, and may be registered in any color, or combinations thereof.

2) Marks may not be registered if they are confusingly similar to, inter alia: (a) a registration or prior application in respect of the same or similar goods or services; (b) unregistered marks that are well-known in Moldova protected under Article 6bis of the Paris Convention; (c) trade names that are well-known in Moldova; or (d) the subject of protected industrial designs or copyrights or personal names and likenesses.

3) The protection of collective marks and appellations of origin, and the registration of same, has been introduced.

4) A trademark that has been used for at least 5 years prior to the date on which an owner applies for registration may not be rejected on the ground of non distinctiveness.

5) The use of markings that indicate that a mark is registered, such as "®" or wording that a mark is registered in Moldova, is optional.

6) Applications will be examined by the Trademark Office for registrability and for similarity with prior trademark registrations or applications. Applicants may elect to divide an application into multiple applications in order to facilitate the prosecution and registration procedure.

7) Applicants may appeal an adverse decision against their trademark applications to the Appeals Board within 3 months of notification and the decision of the Appeals Board may be further appealed in legal proceedings within 3 months.

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© Copyright 1997 Ladas & Parry - Posted 7/15/97
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