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Moldova - Amendment of Trademark Law

Moldova's Trademark Law was amended, effective March 23, 2001, with a view to meeting the requirements of the TRIPs agreement. The principal changes effected under the amendments are summarized below.

(1) The amendment re-defines marks that are eligible for registration to include names, letters and numerals in a special graphic representation, color combinations as well as three-dimensional shapes.

(2) The principle of acquired distinctiveness has been introduced enabling the registration of descriptive and non-distinctive marks where such marks are shown to have been in use for 5 years prior to the filing date and the marks are known to consumers in Moldova. However, even if acquired distinctiveness can be shown, marks consisting solely of geographical names will not be registrable.

(3) Provision for the acceptance of Consents from, inter alia, owners of senior marks and company names is now included expressly in the law.

(4) The concept of the well-known mark has been introduced. Such a mark is defined as one which has become widely known in the relevant consumer or trade circles in Moldova as of the filing date of the application and provides protection against the adoption of conflicting marks with respect to dissimilar goods/services.

(5) The protection of certification marks has been introduced. The registration of collective marks was already provided for before the law was amended.

(6) A user requirement has been introduced and registrations are subject to cancellation for unjustified non-use for 5 consecutive years.

(7) Trademarks may be assigned and licensed, and must be recorded to be effective against third parties.

(8) The infringement of trademarks and appellations of origin are defined, and a range of civil, administrative and criminal remedies are provided, such as damages, fines, and legal costs, as well as the publication of the court decision at the infringer's expense.


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© Copyright 2002 Ladas & Parry - Posted February 2002
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