In a significant development concerning trademark examination in Moldova, the State Agency on Intellectual Property (AGEPI), in cooperation with the European Union Intellectual Property Office (EUIPO), announced on September 17, 2026, the implementation of a new practice paper regarding the distinctive character of slogans. With this launch, AGEPI has become the first non-EU intellectual property office to align its examination criteria with the European Union Intellectual Property Network’s (EUIPN) Common Practice 17 (CP17).

Practical Clarity on Slogan Distinctiveness

Slogans and promotional phrases have traditionally presented complex examination hurdles, often straddling the line between distinctive commercial indicators and non-distinctive promotional claims.

Under the newly adopted CP17 guidelines – adapted specifically to Moldova’s legal framework – AGEPI examiners will apply harmonized quality standards and transparent criteria when assessing whether a promotional slogan possesses the requisite distinctiveness to function as a trademark. The practice paper, published in both Romanian and English, is structured into two parts: a summary of core principles and a comprehensive guide featuring concrete, illustrative examples.

Crucially, the guidelines confirm that slogans are not subject to stricter assessment criteria than ordinary word marks. However, because consumers frequently perceive promotional phrases as advertising rather than indicators of source, the practice paper establishes a clear, non-exhaustive set of factors to evaluate registrability:

• Indicators favoring distinctiveness: Phrases displaying conceptual intrigue, surprise, or semantic ambiguity; clever wordplay and puns; unusual syntactic structures or stylistic devices (such as rhyme, alliteration, or paradox); and slogans triggering a cognitive effort that endows the sign with commercial resonance.
• Indicators of non-distinctiveness: obvious, generic promotional or laudatory messages; direct descriptions of characteristics, quality, or intended purpose of the underlying goods and services.

The assessment framework applies both to inherent distinctiveness and to situations where distinctive character has been acquired through market use.

Convergence with the EU Acquis

This milestone builds directly on AGEPI’s earlier implementation of European common practices, including CP5 (likelihood of confusion and weak elements), CP9 (distinctiveness of shape marks), and CP14 (public policy and morality). Developed under the "Team Europe" approach, this harmonization directly reinforces Moldova’s ongoing intellectual property alignment in support of its EU accession process.

Strategic Takeaway for Brand Owners

For brand owners and practitioners seeking protection in Moldova, the adoption of CP17 offers greater legal certainty and predictability during substantive examination. Trademark applicants filing promotional marks or advertising taglines in Moldova can now rely on established EUIPO examination principles to structure arguments, draft specifications, and overcome absolute ground refusals.