Recognition of well-known trademarks in Moldova

Trademarks for goods and services registered in the territory of Moldova or protected under the Madrid Agreement on the international registration of trademarks, as well as non-registered trademarks which have acquired general notoriety among a substantial segment of the general population as a result of its active use can be recognized as well-known trademarks.

The authorized agency for acknowledgement of a 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 a trademark as well-known

The basis for recognition of a trademark to be well-known is an Application from an interested natural or juridical person filed with the Board of Appeal at the Moldova National Centre of Intellectual property.

The time of protection of a well-known trademark is unlimited.

Evidences certifying a trademark as well-known

These include documents which can confirm:

• The extent of well-knownness of a trademark within relevant circles of consumers.
• The duration, extent and locations of any use of the mark.
• The duration of promotional activities of the trademark, including advertising and exhibitions of the goods and services for which the trademark is applied.
• The duration and extent of any registrations of the mark or the applications on such registrations which confirm the use or well-knownness of the trademark.
• Report on the estimated value of the trademark.
• Results of customer surveys held by the applicant.
• Other evidences which might be significant in the recognition of the trademark as well-known.

Customer survey

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

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

Grounds of refusal to recognize a trademark as well known:

• If the arguments submitted by the applicant do not comply with the requirements for the registration of the well-known trademarks.
• If there already exists a trademark, identical or similar to the applied trademark, registered or pending registration, in the name of other persons in respect of similar goods and homogeneous services, having an earlier priority date than the applied trademark.
• If the trademark has become 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, the decision to grant recognition as well-known or refuse the application for recognition of the trademark as well-known, shall be taken.

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”.