ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 2, 2003 No. 1425

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

For the purpose of regulation of use of official or historical state in the trademark on goods and/or services and also in the industrial drawing or the Government DECIDES: model

1. Approve:

Regulations on 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 according to appendix No. 1;

Staff of the Commission on consideration of the applications about receipt of permissions to use of official or historical state in the trademark on goods and/or services, and also in the industrial drawing or model according to appendix No. 2;

Regulations on the Commission on consideration of the applications on receipt of permissions to use of official or historical state in the trademark on goods and/or services, and also in the industrial drawing or model according to appendix No. 3.

2. Determine that in case of release of members of said commission from post their functions within the commission will be performed by persons appointed to these positions without edition of other order of the Government.

Appendix No. 1

to the Order of the Government of the Republic of Moldova of December 2, 2003 No. 1425

Regulations on 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

I. Basic provisions

1. It is excluded

2. The provision establishes procedure for consideration of the applications about receipt of permission to use of official or historical state or its reducings or derivatives in the trademark on goods and/or services and also in the industrial drawing or model, issue or withdrawal of permission, and also restriction on use of official or historical state.

3. Within this provision official or historical state are: The Republic of Moldova, Moldova, the State of Moldova executed by any font, and their translation, used independently or in combination with other verbal or figurative elements. For issue 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 state fee according to the current legislation is collected.

Abbreviations or derivative of official or historical state, and also statement of official or historical state in other form, except specified in paragraph one of this Item, are considered by the State agency on intellectual property (further - AGEPI) and are permitted, without exclusive right provided that this use will not cause damage to the authority of the state, legal entities and physical persons of the Republic of Moldova or foreign persons having the operating plants registered according to the procedure in the territory of the Republic of Moldova, established by the current legislation.

In the cases which are of particular state interest, AGEPI advises/requests opinion of the Commission on consideration of the applications on 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 (further - the Commission) about possibilities of registration of the trademark or industrial drawing or model containing abbreviations or derivative of official or historical state and also statement of official or historical state in other form, except specified in paragraph one of this Item.

II. 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

4. For 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 applicant files petition in the Commission.

5. The statement is constituted in the Moldavian language and shall contain:

the petition for 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;

name, surname (if the applicant physical person), the name of organization, company or organization, surname and name of the head (if the applicant - the legal entity), the address and the signature of the applicant.

6. Are enclosed to the application:

the image of commodity sign / the industrial drawing or model, and also in the industrial drawing or model within which use of official or historical state is supposed;

the inventory and/or services concerning which registration of the trademark including official or historical state is supposed;

the document confirming decision making about registration of commodity sign / the industrial drawing or model submitted to AGEPI.

7. The commission has the right to request the additional information and documents necessary for studying from the applicant.

8. The application is considered on commission session within 15 days from the date of its obtaining by the commission.

9. The decision on issue 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 is accepted if:

use of such name does not mislead the consumer concerning geographical origin, quality or the nature of goods and/or service;

the trademark on goods and/or services, and also the industrial drawing or model in which the official or historical state is used do not disturb the public peace or morals and do not cause damage to the authority of the state.

10. Non-compliance with provisions of Item 9 forms the basis for refusal in 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.

11. The decision on issue or on refusal in issue of permission accepted by the commission and signed by its chairman or the vice-chairman goes to the applicant within 5 days from the date of its acceptance.

The decision can be appealed according to the procedure, established by the current legislation.

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