Two tools, two purposes
Entrepreneurs in Moldova often use "trademark" and "patent" interchangeably. Legally, they are distinct regimes: a trademark protects origin and market identity; a patent protects a technical solution that is new and industrially applicable.
If competitors can copy the function without copying your logo, you need a patent (or other technical protection). If the risk is consumer confusion, the trademark is the right tool.
Legal basis
- Trademarks — Law No. 38/2008 on trademark protection; procedures at AGEPI.
- Invention patents — Law No. 50/2008 on protection of inventions; substantive examination (novelty, inventive step, industrial applicability).
Comparison table
| Criterion | Trademark (Law 38/2008) | Patent (Law 50/2008) |
|---|---|---|
| Protected subject | Distinctive signs (word, figurative, combination, etc.) | Technical invention |
| Typical term | 10 years, indefinitely renewable | 20 years from filing |
| Core requirement | Distinctiveness, no likelihood of confusion | Novelty, inventive step, industrial applicability |
| Disclosure | Public use may strengthen or harm rights (care required) | Pre-filing disclosure may destroy novelty |
| Initial costs | Moderate, periodic renewals | Higher (search + drafting + fees) |
| Startup examples | App name, logo, packaging | Hardware mechanism, process, chemical composition |
When to choose a trademark
- you launch a B2C product or marketplace where brand recognition is critical;
- you invest in advertising and partnerships where the name becomes a main asset;
- you expand in the EU via the Madrid System.
Filing with AGEPI provides a presumption of exclusive rights to the sign for goods/services in the declared classes.
When to consider a patent
- you have a verifiable technical advantage over the prior art;
- reverse engineering is feasible for competitors;
- you plan licensing or deep-tech investment.
Without a state-of-the-art search, the risk of later invalidation increases significantly.
Combined strategy
Many Moldovan scale-ups combine:
- a registered trademark for commercial identity;
- a patent or trade secret for the technical core;
- copyright for code, UI, and creative materials.
Conclusion
Trademarks and patents do not exclude each other — they complement. Choose the tool by the nature of risk: market confusion versus copying of the technical solution. Consult a specialist before public disclosures (demo days, technical publications, public GitHub).
The materials above are for informational purposes only and do not constitute personalized legal advice. For specific situations, consult a lawyer or an AGEPI-authorized intellectual property advisor.