The mark for goods and services registered in the territory of Moldova or protectable under Madrid Agreement on international registration of trademarks, as well as a non-registered trademark acquired general notoriety among the relevant circles of people as a result of its active use can be recognized as a well-known trademark.

The authorized agency for acknowledgement of the trademark as well-known is the Chamber of Appeals.

The regulatory act under which the mark is recognized as well-known is the Law of Moldova № 38/2008 "On trademarks protection".

Application for recognition of the trademark as well-known

The basis for recognition of the trademark as well-known is the Application filed by an interested natural or juridical person with the Chamber of Appeal or the counterclaim on rights protection.

The official fee for filing the Application is USD 800.

The time of protection of a well-known trademark is not limited.

Evidences certifying the well-knownness of the trademark

Evidences certifying the well-knownness of a trademark must contain:

  • the extent of well-knownness of a trademark within the relevant circle of consumers
  • duration (the start and the period), extent and the places of any use of the mark
  • duration (the start and the period), extent of activities on promotion of the trademark, including advertising and exhibiting of the goods for which the trademark is applied
  • duration and extent of any registrations of a mark or the applications on such registrations that confirm the use or well-knownness of the trademark
  • report of estimated value of a trademark
  • results of the customer survey held by the applicant
  • any kind of additional information

Customer survey

While examining the well-knownness of a trademark applied for the goods for technical purposes the customers of the relevant goods must be questioned (producers, as well as dealers). It is necessary for a trademark to be familiar to at least 60% of respondents.

While examining the well-knownness of a trademark applied for the goods of every day use an average customer must be questioned (taking into account the age, sex, education, social and financial status, connection to the relevant goods), as well as professionals of relevant fields of industry and commerce.

The relevant trademark must be known to the most of respondent customers.

Grounds of refusal to recognize a trademark as well known:

  • Arguments, submitted by the applicant do not comply with the requirements for the registration of the well-known trademarks.
  • There already exist a trademark, identical or similar to the applied trademark, registered or applied for registration in the name of other person in respect of similar goods and homogeneous services, having an earlier priority date than the applied trademark.
  • a trademark became a commonly used term.

Examination of the Application, publication of information about the Application filing

There is no Examination of Application in the strict sense. Records are kept by the Court according to the submitted documents.

The decision on the recognition of a trademark as well-known, the decision to refuse to recognition of a trademark as well-known

Depending on the outcome of consideration of the application for recognition of a trademark as well-known the decision to recognize a trademark as well-known or refuse the application for recognition of a trademark as well known shall be taken.

The decision on the recognition of a well-known trademark shall be notified to the Agency, which registers the well-known trademark in the Register of well-known trademarks.

Recordal in the State Register of well-known marks of Moldova

The information about the trademark that has been recognized as well-known shall be recorded in the State Register of well-known marks of Moldova

Termination of rights to a well-known mark

There is no special procedure for termination of rights to a well-known mark. The decision to recognize a trademark as well-known or refuse such recognition shall be taken according to the standard procedure under the Law of the Republic of Moldova # № 38/2008 “On Protection of Trademarks”.