Trademark application in Moldova

This article explains how to register a trademark in Moldova, drawing on the Republic of Moldova’s trademark law and the procedures of the State Agency on Intellectual Property (AGEPI). The article covers eligibility for registration, fees, the filing process, online tools, opposition procedures, renewal, and frequently asked questions.

What can be registered as a trademark in Moldova?

Under the Moldovan Law on the Protection of Trade Marks, a trade mark may consist of any signs that are capable of distinguishing one enterprise’s goods or services from those of others. The law explicitly allows words (including personal names), letters, figures, drawings, combinations of colours, figurative elements, and three‑dimensional forms (the shape of the product or its packaging), or any combination of these elements.

The mark must be capable of being represented graphically. Shapes that result exclusively from the nature of the goods, shapes necessary to obtain a technical result, or shapes that give substantial value to the goods cannot be registered. The law also refuses registration for signs lacking distinctive character, signs consisting exclusively of descriptive indications, and marks contrary to public order, morality, or that incorporate state emblems or national symbols without authorisation. Under Article 30 of the law, if a trade mark application covers several classes of goods or services under the Nice Classification, an additional fee is payable for each class beyond the first.

Official fees for trademark registration in Moldova

The AGEPI provides an official list of tariffs for trademark applications and related procedures. Below is a summary of the main official fees (amounts are payable in euros or in Moldovan lei at the official exchange rate).

The commission of Pocket IP is 300 EUR per trademark.

Payments are accepted in USD, EUR, GBP, CAD, and PLN (at the client’s request). Both bank payment and card payment are available.

How to file a trademark application online

1. Preparation and eligibility

• Choose or design a distinctive sign that meets the requirements of Article 5 of the Trade Mark Law. Ensure that the sign is not purely descriptive or generic and does not conflict with existing marks.
• Determine the classes of goods or services under the Nice Classification. Moldova uses the tenth edition of the Nice Classification. If the application covers more than one class, prepare to pay additional fees.
• Conduct a preliminary search on AGEPI’s online databases or consult a professional to check whether similar marks already exist. While not mandatory, a search reduces the risk of objections.
• For non‑resident applicants, appoint a Moldovan patent attorney. The law requires foreign applicants to be represented by a patent attorney when dealing with AGEPI. A power of attorney must be submitted; by default, it is valid for one year, although applicants may specify a longer period up to three years.

2. Filing the application

The application must relate to a single trademark and be filed in two copies in the state language (Romanian). The Law allows the following submission methods:

• Direct submission at AGEPI: The applicant or their representative may submit the application in person.
• Mail, fax, or e‑mail: If filed by mail or e‑mail, the original documents must be provided within one month of sending the electronic copy.
• Electronic filing (e‑servicii): AGEPI provides an electronic service portal (e‑servicii.agepi.gov.md) for online filing. The portal accepts digital signatures and supports fee payments. The application must include a request form, reproductions of the trademark, a list of goods/services, proof of fee payment, and, if necessary, a power of attorney.

3. Examination of formal requirements

Within one month of filing, AGEPI examines whether the application meets the formal filing requirements. During this stage, the agency checks that the application is correctly completed, that fees have been paid, and that the graphic representation and list of goods/services are clear. If the application is complete, AGEPI issues a filing date certificate. If deficiencies are found (e.g., missing translation or documents), the applicant is given two months to correct them; otherwise, the application is considered withdrawn.

4. Publication and opposition period

If the application meets the formal requirements, it is published in the Official Bulletin of Industrial Property (BOPI) within three months of the filing date. Publication includes the mark, applicant details, and a list of goods/services. From the date of publication, there is a three‑month period during which any person may submit written observations (informal comments on absolute grounds) free of charge, or file a formal opposition on relative grounds by paying the opposition fee. Oppositions must be filed using a standard form in two copies and must be based on earlier trade mark rights, company names, geographical indications, or other prior rights. This process allows third parties to argue that the mark conflicts with their existing rights.

5. Substantive examination

AGEPI conducts a substantive examination within six months after the end of the opposition period. During this stage, examiners assess whether the mark meets absolute requirements (distinctiveness, not descriptive, not contrary to public order) and whether it conflicts with earlier rights based on the Nice Classification classes. If observations or oppositions have been filed, the examiner considers them and may request the applicant’s response or proof of consent from the opposing right holder. If objections arise, AGEPI issues a provisional refusal and grants the applicant two months to submit arguments or amendments. The applicant may negotiate a coexistence agreement with the opponent or limit the list of goods/services to avoid conflict.

6. Decision, registration, and certificate

After evaluating the application and any responses, AGEPI issues a decision either to accept or refuse the registration. If the mark is accepted and no appeals are lodged, the decision becomes final 30 days after issuance. The applicant must pay the registration and certificate fee; once this payment is made, AGEPI enters the trademark in the National Register and issues a certificate of registration within two months. The registration is published again in the BOPI, and the trademark enjoys protection for ten years from the filing date. A trademark may be renewed indefinitely for consecutive ten‑year periods by paying the renewal fee.