Geographical Indications and Appellations of Origin

– Law on the Protection of Geographical Indications, Appellations of Origin and Traditional Specialties Guaranteed No. 66-XVI, in force since October 25, 2008, last amended on March 16, 2023.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since December 25, 1991.
– Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, since December 1, 1997.
– Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Stockholm Act, since April 5, 2001.

Filing

Applicant: group of producers. "Group" means any association irrespective of its legal form consisting mainly of producers or processors of the products specified in the application. In exceptional cases, a natural or legal person may be considered a group. And in this case, must submit evidence proving that this natural or legal person is the only producer within the designated geographical area, and the characteristics of the designated geographical area significantly differ from those of neighboring zones, or the product's characteristics differ from those produced in neighboring zones.

Foreigners: enjoy same rights as nationals, must appoint a patent attorney.

Kinds of protection: Geographical Indications (GI): the name of a region, a locality, a specific place or, in exceptional cases, a country, used to describe a product originating in that region or locality, specific place or country, which possesses a specific quality, reputation or other characteristics attributable to that geographical origin, and the production and/or processing and/or preparation of which take place in the defined geographical area. The right to use a protected GI jointly belongs to persons producing and/or processing and/or preparing the respective products in the respective geographical area in compliance with the corresponding product specification. Appellations of Origin (AO): geographical name of a region or locality, a specific place or, in exceptional cases, a country, used to designate a product originating in that region or locality, specific place or country, and the quality or characteristics of which are essentially or exclusively due to the particular geographical environment, including natural and human factors thereof, and the production, processing and preparation of which take place in the defined geographical area. The right to use a protected AO jointly belongs to persons producing, processing and preparing the respective products in the respective geographical area in compliance with the corresponding product specification. Any natural person or legal entity, irrespective of the type of ownership or legal form in the corresponding defined geographical area that produces products in compliance with the product specification for a protected appellation of origin or for a protected geographical indication, acquires the right to use it.

Not registrable: for GI: signs designating products that are not originating from a defined region, locality, specific place or country, not possessing the quality or characteristics of which are essentially or exclusively due to a particular geographical area with its inherent natural and human factors and the production stages of which are not carried out in the defined geographical area; for AO: signs designating products that are not originating in that region, locality, specific place or country; and which do not posses a specific quality, reputation or other characteristics attributable to that geographical origin, and at least one of the production stages of which is not carried out in the defined geographical area. For both: (a) names contrary to the public order or morality; (b) names that have become generic; (c) names identical with or similar to a prior trademark registered for goods identical or similar to those for which the registration of an appellation of origin or a geographical indication is requested where, in the light of a trademark's reputation and fame and its duration of use, the registration could mislead the consumer as to the authenticity of the product; (d) names that could conflict with a fully homonymous name of a plant variety or an animal breed for comparable products if it is shown before the expiry of the opposition deadline that the variety or breed is in such commercial production outside the defined area prior to the date of application for appellation of origin or geographical indication, as a result of which consumers could confuse the products bearing the registered name with the variety or the breed.

Product specification: the product specification for an AO or a GI shall include at least: (a) the name of the product comprising the AO or the GI; (b) a description of the product, including the raw materials, if appropriate, and principal physical, chemical, microbiological and/or organoleptic characteristics of the product; (c) the definition of the geographical area; (d) evidence that the product originates from the defined geographical area, possesses a specific quality, reputation or other characteristics attributable to that geographical origin (for GI), and the quality or characteristics of which are essentially or exclusively due to the particular geographical environment including natural and human factors thereof (for AO), as well as evidence proving the production process (at least one of its stages for AO) in this area; (e) a description of the method of obtaining the product and, if appropriate, the authentic and unvarying local methods as well as information concerning packaging, if the applicant so determines and gives reasons why the packaging must take place in the defined geographical area to safeguard the quality, to ensure the origin, to ensure the control; (f) details justifying the following: the link between the quality or characteristics of the product and the geographical environment (area), or, as the case may be, the link between a specific quality, the reputation or other characteristic of the product and the geographical origin; (g) the name and address of the authorities or bodies verifying compliance with the provisions of the specification and their specific tasks; (h) any specific labelling rule for the product in question; (i) any other statutory requirements laid down by the applicable legislation.

Territory covered: the Republic of Moldova.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization);
2. Product specification approved by the competent authority;
3. A single document, which includes the key elements of the specification: the name for which registration is sought, a description of the product, including, where appropriate, specific rules concerning packaging and labelling, and a concise definition of the geographical area and its boundaries, a description of the link between the product and the geographical environment or geographical origin, as the case may be, including, where appropriate, the specific elements of the product description or production method justifying the link.

Electronic filing: available.

Electronic signatures: are accepted for documents filed electronically (but not for documents that should be filed in original). Scanned copies of hand-signed documents are accepted, however, the original must be sent at a later date.

Examination Procedure

Examination: the entire examination should not exceed a period of twelve months. Within one month after the date on which the application is filed, AGEPI shall examine it for compliance with the filing requirements to assign a filing date and enter it in the National Register. In case of irregularities, the applicant will have two months for response. Within one month of the date of entry of information on an application in the National Register, AGEPI shall examine product specification, annexes and verify payment of the official fee.

Publication: in case of compliance with the filing requirements, the information on the application is published in the Official Bulletin of Industrial Property within three months from the filing date.

Opposition: within three months from the publication of the application, any person having a legitimate interest, may file a reasoned opposition against the registration of AO or GI. Within one month after the filing date of the opposition, the party submitting the objection may present additional evidence in support of the opposition. Within a further two-month period, the applicant may express his point of view, and AGEPI invites the parties to engage in consultations to reach an agreement. If the prior mark, on which the opposition is based, has been registered for over five years and its use is challenged by the applicant, the opponent must prove the use of the earlier mark within the last five years before the publication of the application.

Substantive examination is carried out within six months from the application's publication date.

Amendments and corrections: the applicant has the right to add, clarify or make amendments to the application documents, provided that such amendments do not substantially alter the scope of rights. Corrections and amendments can be made prior to the decision of registration. The amendments to the application documents are made upon the payment of the established fees.

Appeal: any decision on the application for registration of AO or GI can be appealed by the involved parties within two months from the date of its receipt, or by any third party, who has information related to the respective registration, within the period between the date of issuance of the decision and the date of registration. The appeal shall have a suspending effect. The decision of the Board of Appeals can be appealed before the court.

Granting, Protection

Registration: on expiry of thirty days from the date of issuance of the decision of registration, if according to the results of the Examination Commission, it is established that the conditions of registration are met and no opposition against the registration has been filed or the oppositions have been rejected, and the prescribed fees have been paid, the information regarding the registration of the application shall be entered in the National Register. Within three months from the date of adoption of the decision of registration, the Certificate of the right to use the protected AO or GI is issued.

Delivery of document: immediately after registration.

Beginning of protection: date of application.

Duration: unlimited. 

Right of use: ten years. The right to use a protected appellation of origin or a protected geographical indication shall be acquired and maintained only as long as the conditions laid down in the specification for that product are satisfied.

Renewal: for further ten-year periods; as many times as required. The holders of the rights to use AO or GI, prior to the expiry of each 10-year period, may file an application for renewal of the rights to use, supporting the request with the confirmation from the competent authority about maintaining of the product characteristics and confirmation of paid fees.

Modification of Protection after Registration

Amending the product specification: amendments to the product specification and, where appropriate, to the single document are acceptable and shall include a description of the requested amendments and a justification thereof. Such amendments should be accompanied by: (a) the decision of the competent authority on the approval of amendments when the defined geographical area is within the territory of the Republic of Moldova; (b) the proof of making the concerned amendments in the country of origin, when the defined geographical area lies outside the territory of the Republic of Moldova. If the amendment to the product specification involves one or more amendments that are not minor, the amended application shall be subjected to examination and publication and shall be open to opposition procedures. Registration of minor amendments thereof shall be made without additional examination. An amendment shall be deemed minor, in the case of protected AO and protected GI, if it does not: (a) pertain to the essential characteristics of the product; (b) amend the link; (c) introduce a change to the name or to any part of the product name; (d) impact the defined geographical area; or (e) impose further restrictions on the marketing of the product or the raw materials.

Nullification: if the controls reveal that compliance with the conditions of the specification for a product covered by a registered AO or GI is no longer met, the control authority shall initiate the procedure for either the cancellation of the registration or, if relevant, the revocation of protection, or decide to revoke the right to use the respective name. The decision of the competent authority to revoke the right to use may be appealed in court. Any natural or legal person having a legitimate interest may request the cancellation of the registration, or revocation of the protection for an AO or GI, or of the right to use an AO or GI. A request to cancel the registration or to revoke the protection of an AO or a GI or a right to use an AO or GI shall be filed with the court.