Trademark registration in Moldova goes through three stages:
1. Assistance in choosing a class for trademark registration.
According to the International Classification of Goods and Services or ICGS, there are 45 classes, of which the first 34 correspond to classes of goods, and the remaining 10 to classes of services.
Recommendations for choosing classes.
It is recommended to select classes based on the general name of the class. If no class name exactly matches your needs, the search continues in the detailed description of the closest, most suitable ICGS class.
Before registering a trademark, in addition to checking the mark for identity or similarity with existing ones, you should ensure that there is no enterprise with the same name in the country of registration, otherwise you may be prohibited from registering the TM or will have to contest the name later.
If you are registering a domain and for this purpose registering a trademark, you must ensure that this domain is not claimed by identical trademarks in other ICGS classes. Otherwise, it may turn out that your domain will go to the owner of a TM registered before yours. Also, to obtain a good domain name, you should file an application in several classes that are close in description of services or goods.
2. Preliminary search.
The procedure for searching for previously registered trademarks (service marks) or abbreviated as TM. The trademark is checked for similarity or identity in spelling and image of the trademark.
Criteria for checking identity:
1. Match in spelling and sound.
2. Obvious match in image.
3. Filing an application for registration of a Trademark in Moldova.After selecting the classes and conducting a preliminary identity search, an analysis is performed and a decision is made on the trademark variant: simple textual, graphic, or combined. Most often, combined trademarks are used if an existing textual trademark somehow overlaps with yours, for example, if a word it contains is part of your trademark’s name. Graphic elements can fairly reliably identify a new trademark. The experience and advice of trademark registrars are very helpful at this stage. At this point, you will need to communicate your preferences to the registrar, and they will offer you options to choose from.
4. Publication of your application in a special information monitor.
It is at this stage, after publication, that the application is considered filed for registration, or more precisely, for expert examination to confirm the registration of the mark.
All objections to your trademark from third parties are accepted at this stage.
5. Decision on Trademark Registration.
After a decision is made to register your trademark, your mark is considered registered; however, time will be needed for its official approval.
6. Obtaining a Certificate of Trademark Registration in the Republic of Moldova.
A trademark in Moldova is valid for 10 years. Subsequently, it is important to renew the trademark in a timely manner. If delayed, the trademark may be registered by third parties.
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