LAW OF THE REPUBLIC OF MOLDOVA

of February 23, 2012 No. 20

About modification and amendments in the Law on protection of trademarks No. 38-XVI of February 29, 2008

The Parliament adopts this organic law.

In the Law on protection of trademarks No. 38-XVI of February 29, 2008 (The official monitor of the Republic of Moldova, 2008, No. 99-101, of the Art. 362) to make the following change and addition:

1. Recognize Article 32 invalid.

2. Add Chapter III with part 11 of the following content: "Part 11 Recognition of the trademark well-known

Article 321. Protection of the well-known trademark

(1) the Trademark can be acknowledged well-known owing to giving in the Chisinau appeal chamber of the corresponding statement or counter action in the case of protection of the rights.

(2) legal protection according to this law is provided to the Well-known trademark.

(3) the Term of protection of the well-known trademark is not limited.

Article 322. Filing of application about recognition of the trademark well-known

(1) in case of the conflict in the relation of the trademark widely known in the Republic of Moldova to the corresponding group of people, the interested person, fair using it in the business activity have the right to submit according to provisions of Article 166 of the Code of civil procedure to the Chisinau appeal chamber the application for recognition of the trademark well-known.

(2) the Statement shall belong only to one trademark. The designation applied in accuracy in specific set of elements is considered one trademark.

(3) For the purpose of part (1) are understood as the corresponding group of people:

a) these and/or potential consumers of goods and/or services to whom the trademark is applied;

b) specialists of the respective area;

c) persons involved in network of distribution of goods and/or services to which the trademark is applied;

d) business environment which subject are goods and/or services to which the trademark is applied (importers, licensees, wholesalers, etc.).

Article 323. Contents of the statement for recognition of the trademark well-known

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