The Significance and Recognition of Trademarks Notoriety in the Republic of Moldova

04/28/2016

It is unimaginable, today, a world without trademarks, a world in which goods that surround us can be easily identified when we want to purchase them. Attachment to products and services is made through trademarks and quite often, it leads to individualization of trademark which, over time, can become notorious.

In this context, it appears that the definition of notorious trademark is a sign or a symbol with a high degree of distinctiveness widely known among consumers and has commercial value as a result of prolonged use in the country or the world market.

A trademark may be recognized as being notorious under Law No. 38 of 29.02.2008 on the Protection of Trademarks according to an application for confirmation of notoriety or a counter application, filed with the court in whose jurisdiction is the headquarters of the State Agency on Intellectual Property (AGEPI). The term of protection of the notorious trademark is unlimited.

Thus, depending on the result of examination of the application for confirmation of trademark notoriety shall be adopted a decision on finding of the notoriety or rejection of the application.

Date entered in the Register of Notorious Trademarks shall be published in the Official Bulletin of Intellectual Property (BOPI), within 3 months of adoption of the decision on confirmation of trademark notoriety.

Currently in the Republic of Moldova are recognized 27 notorious trademarks, involving various fields of activity.