Trademark registration in Georgia

1) DESIGNATIONS REGISTRABLE AS A TRADEMARK

Symbol or combination of symbols, words, names, letters, numbers, sounds, image, colors, shape of goods or its packaging.

2) THE REGISTRATION PROCESS

1. Preliminary search - conducting a preliminary search is recommended to ensure there are no identical or similar trademarks already registered or pending registration;

2. Filing the application to the Intellectual Property Office of Georgia (Sakpatenti);

3. Formal examination: preliminary within 1 month from the date of application;

4. Substantive examination: within 6 months from the date of completion of formal examination; 

5. Publication;

6. Opposition period -  within 3 months after publication third parties can file oppositions against the trademark application;

7. Registration.

3) AVAILABILITY OF ACCELERATED TRADEMARK REGISTRATION

In addition to the standard procedure, the applicant can request an accelerated registration procedure. In this case, the processing of the application is completed within ten working days.

4) TRADEMARK REGISTRATION TIMELINE

The standard registration period for a trademark is 11-12 months from the date of filing the application. The accelerated registration period for a trademark is 10 working days from the date of filing the application.

5) TRADEMARK REGISTRATION DURATION AND RENEWAL

Trademark registrations in Georgia are valid for 10 years from the filing date. Registrations can be renewed indefinitely for subsequent 10-year periods upon payment of renewal fees.

6) IS IT POSSIBLE TO USE A TRADEMARK WHILE REGISTRATION IS PENDING?

Yes, it is possible to use a trademark in Georgia while its registration is pending. Georgian trademark law recognizes the concept of "pending trademark rights" which means that from the date of filing the trademark application, the applicant has certain rights and protections even before the trademark is fully registered.

7) TERMS OF TRADEMARK USE

Upon registration, the trademark owner obtains the exclusive right to use the trademark in connection with the goods or services for which it is registered.  To maintain trademark registration and prevent it from becoming vulnerable to cancellation for non-use, the trademark must be used in Georgia.    Any interested party may challenge the registration of the trademark in court due to its non-use during the 5 years preceding the date of filing a claim in court.

8) METHODS OF PROTECTING THE RIGHT OF THE TRADEMARK OWNER

Trademark owners can take legal action against third parties who use their trademark without authorization, which constitutes trademark infringement. Remedies for infringement can include injunctions to stop the unauthorized use, damages for losses suffered, and seizure or destruction of counterfeit goods.

Trademark owners can record their trademarks with Georgian Customs to facilitate the interception and seizure of counterfeit goods entering or leaving the country. Customs can take action to prevent the import or export of goods that infringe registered trademarks.

Author: Nanuka Chkuaseli