ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 13, 2009 No. 488

About approval of the Regulations on the procedure of giving, examination and registration of trademarks

In pursuance of part provisions (1) Articles 16, parts (4) Articles 18, parts (4) Articles 28, parts (5) and (7) Articles 30, parts (5) and Item b) parts (6) Articles 37, Item b) parts (2) and parts (4) Articles 45, parts (1) Articles 52, parts (3) Articles 58, parts (1) Article 59 and Item c) parts (2) article 82 of the Law No. 38-XVI of February 29, 2008 on protection of trademarks (The official monitor of the Republic of Moldova, 2008, No. 99-101, of the Art. 362) DECIDES: the Government

Approve Regulations on the procedure of giving, examinations and registration of trademarks it (is applied).

Approved by the Order of the Government No. 488 of August 13, 2009

Regulations on the procedure of giving, examination and registration of trademarks

I. General provisions

1. The regulations on the procedure of giving, examination and registration of trademarks (further - the Provision) establish conditions of application for registration of the trademark (further - the request), the procedure for filling of the application blank, regulations applied to documents which shall be attached to the request, regulations of conducting examination of the request, the note and objection of the third parties, conditions of registration of trademarks, data published in the Statement of industrial property of the Republic of Moldova (further - OBPS), and also the regulations regulating the adjacent actions connected with the above-stated procedures, such as recovery of registration of the trademark and refusal of the trademark.

II. Application and the enclosed materials

2. The application form is filled in on the standard form, in typewritten or machine-readable form and moves in duplicate in the State agency on intellectual property (further - AGEPI) the applicant or his representative.

3. The request, documents attached to it and, if necessary, the subsequent messages according to the request move in the Moldavian language. The request submitted not in the Moldavian language is not registered and returns to the given her face.

If documents applications are submitted through the representative, their transfer into the Moldavian language can be provided and certified by the representative.

4. From Item 3 this provision attached to the request documents can be filed to departure in other language. Transfer into the Moldavian language of these documents needs to be provided within 2 months from the date of application.

5. For physical persons transfer from Russian of the documents attached to the request is not obligatory. If necessary for holding procedure and for the benefit of the applicant, at the request of AGEPI the applicant represents transfer of required materials into the Moldavian language or transfer in AGEPI on condition of payment of the corresponding dachshund asks.

6. Person accepting request materials registers on the application blank date and receipt number of the request in AGEPI and signs all given copies.

7. At the request of the applicant of AGEPI issues the receipt on receipt of the request in which appear, at least, file number, photos, the description or other element, the identifying trademark, document type and their number, and also the date of receipt of the request.

8. According to part (1) article 28 of the Law No. 38-XVI of February 29, 2008 on protection of trademarks (further - the Law), the request shall belong only to one trademark. Such designation which is used only in complex of elements according to the request about registration is considered one trademark.

9. Transfer of verbal designation into two or more languages within one trademark is not allowed, except as specified, when transfer is integral part of the combined trademark.

10. The request includes:

the application blank in which registration of the trademark is asked, filled according to Item 13 of this provision;

graphical representations of the trademark according to Items 15-16 of this provision.

11. To the request, depending on subject of the request and from the subject who submitted the application are applied:

1) the power of attorney signed by the applicant if the application is submitted through the representative;

2) the document on priority if the right to priority was asked based on Article 33 or article 35 of the Law;

3) the document on payment of dachshunds in the established size, the original or the copy certified by bank or accounts department of AGEPI;

4) the charter about use of the collective trademark if registration of the collective trademark is asked;

5) the charter about use of the certified trademark and permission or any other document confirming accomplishment of legal activities for certification or, as necessary, the document on registration of the certified trademark in country of source if registration of the certified trademark is asked;

6) the document confirming the right of the applicant to use within the trademark unprotected element, on circumstances, the name of the place of goods origin or geographical specifying protected in the territory of the Republic of Moldova if the trademark declared for registration contains such elements;

7) the documents confirming the applicant's right to use of any data specifying the historical events connected with activities of the entrepreneur for date of creation, or images of any scenery if the trademark declared for registration contains such elements;

8) the document confirming the consent of competent authority on:

a) use of the state symbols in the trademark on goods and/or services;

b) use of official or historical state and the full or abbreviated name of international intergovernmental organizations in the trademark on goods and/or services;

c) use of the official name or official symbols of administrative and territorial unit of local level, and also the name, symbols or images which are national cultural property;

d) use of designations of official control warranty and assay brands and seals according to permission of owners of these designations;

e) use of symbols and official or historical names of other states if the trademark declared for registration contains such elements;

9) the consent of famous persons, their heirs, the relevant competent authority to registration as the trademark of the designation reproducing surnames, names, pseudonyms and their derivatives, portraits and the facsimile of such persons if those contain in designation declared on registration as the trademark;

10) the consent of the owner of copyright or its legal successor to registration as the trademark or within the trademark of the corresponding names known in the Republic of Moldova, scientific works, literary and works of art or quotes and characters from them, works of art or fragments from them if those constitute designation of the trademark or contain in designation declared on registration as the trademark;

11) the document, confirmatory that the name of firm belongs to person who submitted the application for registration of the trademark if the asked trademark contains such name or its part;

12) the document, confirmatory that the industrial drawing / model, used in the trademark, belongs to the applicant.

12. The materials attached to the request and the subsequent messages are represented in one copy if this Provision does not provide other.

13. When filling the application blank specify the following data:

1) this on identification of the identity of the applicant: in case of physical person - surname, name, complete address, official state which citizen it is (in case of lack of nationality - the state of accommodation and for lack of that - the state in which there is its commercial or industrial enterprise), phone, the fax with indication of index, e-mail. The applicant specifies country code according to the VOIS ST.3 standard. (VOIS - World Intellectual Property Organization). Physical persons and legal entities from the Republic of Moldova specify also number of the state identification (IDNO/IDNP). In case of several applicants these data are specified for each of them in appendix. It is preferable to specify one address for each applicant; in the presence of several addresses the address registered by the first, except for situations when the applicant specifies the office address in one of the specified addresses is taken into account; in the presence of several applicants the application is signed by one applicant or the representative in quality of the general representative;

2) the petition for registration of the trademark with indication of type of the asked trademark (verbal, graphic, combined, volume or other type), and also their status (individual, collective, certified or the trademarks which are state-owned property);

3) surname and the address of the representative according to the subitem 1) this Item if the applicant specified the representative. If several addresses of the representative are specified or if the applicant appointed several representatives with different addresses, in the statement it is necessary to specify the address which will be taken into account;

4) surname, name and the address of person designated for correspondence with AGEPI. If applicants a little the representative is also not specified, the relevant data of the applicant appointed for correspondence are specified. In the absence of such specifying, it is corresponded with person specified to the first in the list of applicants;

5) accurate graphical representation of the designation declared for registration (in the form of photos or printouts) the Image of Designation sizes of 8х8 cm are represented in such color or combination of flowers in which registration of the trademark is asked;

6) the list of the declared flowers as distinctive element of the trademark if the applicant asks registration in color. The description of flowers shall match the description made in designation;

7) the elements of trademarks deprived of distinctive nature which, according to article 7 of the Law, cannot be registered independently as the trademark, and concerning which the applicant refuses purchase of any exclusive right;

8) specifying that the asked trademark is executed by standard letters, in case of the verbal trademark;

9) in case of submission of the selected request, number and date of application from which it was allocated are specified;

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