Several Economic Agents Acquired the Right to Use the Official Name of the State in the Trademarks/Industrial Designs Filed for Registration

08/16/2018

On 16 August this year, at the State Agency on Intellectual Property (AGEPI) was held the meeting of the Commission for the examination of applications for the grant of permission to use the official or historical name of the State in the product and/or service trademark, as well as in the industrial design. The meeting was chaired by the President of the Commission, Chiril Gaburici, Minister of Economy and Infrastructure.

The Commission met to examine 8 requests for using name of the State in the trademarks/industrial designs which were filed with AGEPI. Seven requests relate to trademarks/industrial designs to be registered or renewed, and a request relates to the transfer of rights in a trademark that contain the official or historical name of the State.

As a result of the examination, it was decided:

  • to grant permission to use the official or historical name of the State in 3 trademarks and 2 industrial designs;
  • to grant permission to use the official or historical name of the State in the case of transfer of trademark rights;
  • not to grant permission to use the official or historical name of the State in a trademark;
  • to postpone the examination of an application, based on the applicant’s request.

The areas of activity provided by applicants are diverse, such as public catering, education, training, pharmaceuticals, alcoholic and non-alcoholic beverages, information and advertising services, etc.

Under the applicable law, trademarks containing the official or historical name of the State may be registered only with the approval of the Commission for the examination of applications for the grant of permission to use the official or historical name of the State in the product and/or service trademark, as well as in the industrial designs.

In order to obtain said permission, the applicant must submit a request to the Commission in accordance with the provisions of the Regulation on the terms and conditions for granting permission to use the official or historical name of the State in the product and/or service trademark, as well as in the industrial designs (http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=295821).