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LAW OF THE REPUBLIC OF MOLDOVA

of February 29, 2008 No. 38-XVI

About protection of trademarks

(The last edition from 26-05-2016)

The parliament adopts this organic law.

This law creates necessary base for application of Regulations of Council (EU) No. 207/2009 of February 26, 2009 about the trademark of the Community (published in the Official magazine of the European Union, No. L 78 of March 24, 2009); Regulations of the Commission (EU) No. 2868/95 of December 13, 1995 about application of Regulations of Council (EU) No. 40/94 of December 20, 1993 about the trademark of the Community (published in the Official magazine of the European Union, No. L 303 of December 15, 1995); Directives of the European parliament and Council 2004/48/EC of April 29, 2004 about ensuring intellectual property rights (published in the Official magazine of the European Union, No. L 157 of April 30, 2004).

Chapter I. Basic provisions

Article 1. Field of regulation and legal base

(1) This law regulates the legal relationship arising in the course of registration, legal protection and use of trademarks.

(2) the Legal relationship specified in part (1), are regulated also by the Constitution of the Republic of Moldova, the Civil code of the Republic of Moldova, the Code of the Republic of Moldova about science and innovations, the Customs code of the Republic of Moldova, international agreements, one of the parties of which is the Republic of Moldova, and other regulations.

(3) If international agreements in the field, one of the parties of which is the Republic of Moldova, other regulations are established, than those which contain in this law are applied regulations of international agreements.

Article 2. Basic concepts

For the purpose of this law the following basic concepts are determined:

the trademark – any designation (visual, sound, olfactory, tactile) allowing to individualize and distinguish goods and/or services of one physical person or legal entity from goods and/or services of other physical persons or legal entities;

the collective trademark - the trademark used by merging of manufacturers, producers, okazatel of services or sellers or other similar organizations for designation of their goods and/or services;

the certified trademark (mark of conformity) - the trademark used for certification of certain characteristics of goods and/or service;

the well-known trademark - the trademark widely known in the Republic of Moldova for date of application for registration or for date of the priority asked in the request in the corresponding group of people concerning goods and/or services for which the trademark, without the need for registration or use of the well-known trademark in the Republic of Moldova is applied to its opposition;

the applicant - physical person or legal entity or group of physical persons and/or legal entities from whose name the application for registration of the trademark is submitted;

the patent agent - the physical person certified and registered in accordance with the established procedure representing the interests of national or foreign physical persons and legal entities and giving them necessary assistance in the field of protection of objects of industrial property;

the agent or the representative of the owner of the trademark – the physical person or legal entity which is with the owner of the trademark in any of type the relations based on the agreement on the commercial cooperation in written or oral form allowing to create the trusting relationships assigning to the applicant, directly or directly, general obligation of trust and loyalty in relation to interests of the owner;

the international request - the application for the international registration of the trademark submitted according to the Madrid agreement, the Protocol to the Agreement or, in appropriate cases, according to both of them;

the international registration - registration of the trademark according to the Madrid agreement or the Protocol to the Agreement;

The international register - official selection of data on the international registration which is conducted by the International bureau which record is provided by the Madrid agreement, the Protocol to the Agreement or the General instruction, irrespective of the carrier on which they are stored;

General instruction - General instruction for application of the Madrid agreement and Protocol to the Agreement;

the Union countries - the countries to which the Parisian convention is applied and which united in the Union on protection of industrial property.

Article 3. Legal protection

The rights to the trademark are acquired and protected in the territory of the Republic of Moldova in the way:

a) registration according to provisions of this law;

b) the international registration according to the Madrid agreement on the international registration of signs of April 14, 1891 (further - the Madrid agreement) or to the Protocol to the Madrid agreement on the international registration of signs of June 27, 1989 (further - the Protocol to the Agreement);

c) recognitions of the trademark well-known.

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