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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of January 12, 2022 No. 8

About procedure and conditions of issue of permission to use of the official or historical name of the state in commodity sign / the industrial drawing or model

Based on part (3) article 7 of the Law No. 38/2008 on protection of trademarks (The official monitor of the Republic of Moldova, 2008, Art. No. 99-101, 362), with subsequent changes, and also Item b) parts (5) article 36 of the Law No. 161/2007 on protection of industrial drawings and models (The official monitor of the Republic of Moldova, 2007, Art. No. 136-140, 577), with subsequent changes, DECIDES: the Government

1. Approve:

1) Regulations on procedure and conditions of issue of permission to use of the official or historical name of the state in commodity sign / the industrial drawing or model, according to appendix No. 1;

2) Staff of the Commission on consideration of the applications about issue of permissions to use of the official or historical name of the state in commodity sign / the industrial drawing or model, according to appendix No. 2;

3) Regulations on the Commission on consideration of the applications on issue of permissions to use of the official or historical name of the state in commodity sign / the industrial drawing or model, according to appendix No. 3.

2. Determine that in case of release from the state position of members of the commission on consideration of the applications about issue of permissions to use of the official or historical name of the state in commodity sign / the industrial drawing or model of their power in its structure will be carried out by persons who are again appointed to the corresponding positions without edition of other order of the Government.

3. Declare invalid the Order of the Government No. 1425/2003 about procedure and conditions of receipt of permission to use of official or historical state in the trademark on goods and/or services, and also in the industrial drawing or model (The official monitor of the Republic of Moldova, 2003, Art. No. 244-247, 1483), with subsequent changes.

4. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Prime Minister

Natalya Gavrilitsa

Countersigns:

Minister of Economic Affairs

 

Serdzhiu Gaybu

 

Appendix No. 1

to the Order of the Government of the Republic of Moldova of January 12, 2022 No. 8

Regulations on procedure and conditions of issue of permission to use of the official or historical name of the state in commodity sign / the industrial drawing or model

I. General provisions

1. The regulations on procedure and conditions of issue of permission to use of the official or historical name of the state in commodity sign / the industrial drawing or model (further - the Provision) establish procedure for giving and consideration of the applications about issue of permission to use of the official or historical name of the state in commodity sign / the industrial drawing or model, approval procedure, and also restrictions for use of the official or historical name of the state.

2. For the purposes of this provision the official or historical name of the state are the Republic of Moldova and Moldova executed by any font, and their translation, used independently or in combination with other verbal or graphic elements. For issue of permission to use of the official or historical name of the state in commodity sign / the industrial drawing or model the state fee according to the legislation on the state fee is collected.

II. Procedure and conditions of issue of permission to use of the official or historical name of the state in commodity sign / the industrial drawing or model

3. For receipt of permission to use of the official or historical name of the state in commodity sign / the industrial drawing or model requesting about registration of the trademark, industrial drawing or the model/owner of the trademark, industrial drawing or the model/cessionary of the rights to intellectual property items (further - the applicant requesting permissions) files petition in the Commission on consideration of the applications for issue of permissions to use of the official or historical name of the state in commodity sign / the industrial drawing or model (further - the Commission).

4. The application is submitted to the State agency on intellectual property (further - the Agency) personally or through the representative / the patent agent.

The statement can be:

1) it is given in writing directly to the Agency or by mail;

2) is given in electronic form and shall conform to the legal requirements established for the electronic document.

5. The foreign physical persons or legal entities having the permanent residence or the location abroad submit the application to the Commission and are effective only through the patent agent.

If the legal entity specified in paragraph one is affiliated with the legal entity having the main location or really operating industrial or commercial enterprise in the Republic of Moldova the first can address to the Commission through the affiliate or his representative authorized by the power of attorney.

6. The statement shall belong to one request for registration of commodity sign / the industrial drawing or model, including the multispecific request, or to one registration certificate of commodity sign / the industrial drawing or model, including the certificate on multispecific registration.

7. The application is submitted on the standard form approved by the Commission in state language and contains:

1) the request for receipt of permission to use of the official or historical name of the state in commodity sign / the industrial drawing or model;

2) the data allowing to identify the applicant requesting permissions;

3) the data allowing to identify the representative / the patent agent in case of filing of application through the representative / the patent agent;

4) data on intellectual property item (number and date of application or, on circumstances, number of the security document);

5) the inventory and/or services for which registration/prolongation of registration of the trademark or, on circumstances, the list of the industrial drawings or models including the official or historical name of the state and for which issue of permission is requested is requested;

6) data on the materials enclosed to the application with indication of the number of sheets;

7) the signature of person who submitted the application and date of filing of application.

8. Are enclosed to the application:

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