Register Trademark for tangible good in Moldova

Trademark registration for tangible good is the best way to IP protection for bussinesses in Moldova. Moldova is a small country located in Eastern Europe, bordering Romania and Ukraine located on an important trade route between Europe and Asia, which facilitates exports and attracts foreign investment. Moldova’s economy is heavily dependent on agriculture, accounting for about 14.6% of GDP and 20.9% of the workforce in 2023. The main agricultural products of Moldova include fruits, vegetables, cereals, oilseeds and especially wine. Moldova is famous for its high-quality wines, which are exported to many countries around the world. Moldova has concluded a number of free trade agreements with European countries and others, which made it possible to expand the market for its products. The Moldovan government is working to improve the business environment and attract foreign investment to boost economic growth. When investing in business here, enterprises need to pay attention to trademark registration procedures to protect their brand from other competitors. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Moldova through the article below.

Legal basis

• Law No. 38-XVI of February 29, 2008 on Trademark Protection (amended and supplemented until Law No. 52 of March 16, 2023)

Definition of “trademark” in Moldova

A trademark is defined as any sign or combination of signs that can be represented visually and serve to distinguish the goods or services of a legal entity or individual naturally from the goods or services of others.

• Signs or combinations of signs: This can include words, letters, numbers, symbols, logos, colors, shapes, or even sounds.
• Visual representation: The trademark must be able to be described visually.
• Distinguish goods or services: The trademark must be unique enough to allow consumers to easily identify the source of the product or service.

Conditions for trademark registration in Moldova

Distinguishability: The trademark must be able to distinguish the applicant’s goods or services from other products. This means that the trademark must not be a generic term or a descriptive element directly related to the product.

Legal: A trademark must not offend, deceive, or violate any existing law or trademark.

Novelty: A trademark must not be identical or confusing to a trademark awarded in Moldova for similar goods or services.

Types of trademarks that can be registered in Moldova

Traditional brands

• Words: Include brand names, slogans, creative words, or even personal names (with certain restrictions).
• Letters and numbers: Combinations of letters or numbers can be trademarks, especially if they are not simply a description of a product or service.
• Logos and designs: Logos, icons, and other graphic designs may be registered as trademarks.
• Color: A single color or combination of colors can be trademarks, although uniqueness to color marks can be more difficult to establish.

Non-traditional trademarks

• Shape: The three-dimensional shape of a product or its packaging may be trademark, although functional restrictions may apply.
• Sound: Sounds, such as promotional music or signature noise associated with a brand, may be potential registration.
• Scent: Although not common, unique and characteristic scents associated with a product or service can be registered.

Trademark registration dossier in Moldova

Applicant Information:

• Applicant name and address: The legal name and full contact information of the applicant, including phone number and email.
• Type of applicant: Indicates whether the applicant is an individual, company, or other legal entity. (Examples: Sole Proprietorship, Partnership, etc.)

Trademark Information:

• Images that represent trademarks: These can be image files (JPEG, PNG) or a clear and detailed description of the trademark (lettering, logo, design, etc.).
• Class of goods and services: A clear and specific list of the goods or services the applicant intends to use the trademark. Applicants can use the International Classification of Goods and Services (also called the Nice Classification for goods and the Vienna Classification for services) for ease of reference. These classification systems classify products and services, making it easier for the Trademark Office to review an applicant’s application.

After having all the information, the applicant needs to fill out the trademark registration form

• Statement of Use (Optional): If the applicant has already started using the trademark in Moldova, the applicant may submit a statement of use with evidence (e.g. product packaging, marketing materials) to potentially expedite the registration process.
• Authorization (Optional): If the applicant files through an attorney or intellectual property representative, the applicant needs to provide Authorization to file on the applicant’s behalf.

How to file for trademark registration in Moldova

To file for trademark protection in Moldova, you can file using the following filing methods:

• Direct submission: You can go directly to the National Intellectual Property Office of Moldova at Str. Andrei Doga No. 24, bloc 1 Chisinau, MD2024 to submit your application and related documents.
• By Post: You can send your application form and all required documents via postal service or courier service to the National Intellectual Property Office of Moldova at Str. Andrei Doga No. 24, bloc 1 Chisinau, MD2024.

Registration of trademark protection in Moldova through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Moldova acceded to the Madrid Protocol on 1 December 1997.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Singles with the Moldovan designation.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and

Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

For all demand related to apply for trademark registration, trademark renewal, please contact Viet An Law – IP Firm for the most effective support.