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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 13 months, if no objections or oppositions arise.
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If I register my trademark in Moldova, do I have protection in other territories?
The territorial limit of registration is the Republic of Moldova.
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Do I need to sign a Power of Attorney?
Yes, a power of attorney is required.
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Are there any benefits from a pre-filing use of the trademark?
Pre-filing use may demonstrate priority in case where a conflict with a third party arises.
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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What are the types of trademark that can be registered in Moldova?
- names
- words
- devices
- combination of colours
- certain three-dimensional shapes
- slogans
- holograms
- sounds
- trade dress/get-up
- smells
- well-known marks
- collective marks
- service marks
- certification marks
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What are the phases of application after a trademark has been filed in Moldova?
The order of the application process is as follows:
- Publication of the following application particulars:
- mark
- name of applicant
- address of applicant
- state or country of incorporation of applicant
- application number
- application date
- goods/services
- priority claim information
- representation of trademark
- Examination of the trademark application based on the following criteria:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- Registration
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What type of trademark is not registrable?
- generic terms
- marks contrary to moral standards or public order
- names, flags or symbols of states, nations, regions, or of international organizations
- marks that function principally as geographic location names
- non-distinctive trademarks absent a showing of acquired distinctiveness
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Does Moldova use the "Nice Classification" system?
Moldova uses the Nice Classification System.
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Does the Community Trademark apply for Moldova?
The Community Trademark, currently known as the European Trademark Mark, is not effective in this jurisdiction.
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Is there any possibility to claim priority in Moldova?
The filing date of the home application can be claimed as the filing date in Moldova if:
- the applicant's home country is a member of the Paris Convention
- the home application was filed within six months prior to the application in Moldova
- an International Registration can be designated in Moldova
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What do I need to do to satisfy the use requirement?
A trademark must be used within five continuous years since the registration date. The amount of use must be on a commercial scale and must occur in Moldova.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the application date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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Is it legal to use my trademark even if it is not yet registered?
Owners may legally use an unregistered mark for any goods or services.