Moldova

The importation of goods into Moldova is regulated by the customs authorities. All imports are subject to mandatory customs control, which includes the verification of documents, the collection of duties and taxes, and the inspection of the imported goods themselves.

Customs control extends to trademarks that have been duly registered in Moldova.

To enter the trademark into the Customs Register, we need to file a petition with the Customs Service. There is no need to provide a bond, but in the petition, we declare that if the goods stopped at the border are found to be original, the applicant undertakes to pay for the storage of goods, loss of profits, etc.

We would like to note that the Customs Service should be provided with a description of the applicant’s business activity, the goods producer’s information, characteristics that could help distinguish original and fake goods, and examples or pictures of fake goods (if any).

The application for the recordal of a trademark in the Customs Register shall contain:

  • an original General POA and Declaration, notarized and legalized;
  • the declaration confirms that the owner of the mark guarantees payment of the costs of storage and destruction of counterfeit goods;
  • a detailed description that must be attached and applied only to the main product range, including every piece of information that the owner can provide, for example, dimensions, material, color, etc., that can help identify counterfeit goods;
  • manufacturer information;
  • information about the importer and exporter, clarifying whether the manufacturer directly sells the goods or sells only through a wholesale company, which is an exporter. In addition, photos of real products are required (samples if possible);
  • information about counterfeit goods (if any): who actually produces them, the exporter, the importer, transportation type, and routes;
  • information on the company’s representative in Moldova, as the application must indicate the administrative representative and the technical one, while the technical representative shall be responsible for distinguishing counterfeit from genuine goods.

Upon suspension, there are only 4 days to resolve whether the goods shall remain suspended or be released.

Customs do not destroy goods, as there are specialized firms for this, and the right holder shall pay for the destruction. Often, the cost of a consignment is much lower than the destruction procedure. Without a court decision, customs won’t proceed with destruction (unless the recipient importer expresses their consent).

The registration of Customs control is valid for 1 year and can be further extended upon request.