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Trademark Registration in Georgia

Trademark Registration in Georgia

If you need legal services, you can always address to our team of lawyers. For legal issues concerning intellectual property mattersour copyright lawyers in Georgia remain at your service. Foreign citizens moving to Georgia, either by employment or by starting a business, can obtain residency followed by citizenship which grants them access to various rights. Among these, the possibility of registering a trademark is quite important, as for some it might represent the way in which their business name is protected, while for others this is a recognition of their work.

 Quick Facts  
Who can file for trademark registration in Georgia

– local residents and citizens,

– non-residents and foreigners, who can be individuals or legal entities. 

Trademark law in Georgia 

Law of Georgia on Trademarks

Institution regulating intellectual property matters

National Center for Intellectual Property 

International intellectual property laws recognized in Georgia  

– laws applicable for states that are members of the Madrid System and the World International Intellectual Property Organization,

– other rules of law recognized by the Law of Georgia on Trademarks. 

 

What constitutes a trademark in Georgia 

 Any sign or combinations of signs (letters, words, numerals, images, etc.), created for the purpose of representing a brand of services, products, etc.    

Types of trademarks that can be registered in Georgia 

– a trademark associated with a brand, product, etc.,

– a collective trademark,

– a well-known trademark. 

Documents required for trademark registration in Georgia 

– the application form,

– the power of attorney (where the holder opted for legal representation),

– the trademark fee proof of payment,

– the description of the trademark,

– the class (or classes) of services or products selected for the trademark,

– the graphical representation of the trademark,

– the formal request to register a trademark,

– personal information regarding the applicant. 

Steps to be followed after the trademark application is submitted

– the Georgian institutions will examine the trademark registration request, 

– the substantive examination will take place,

– the application will be made public for 3 months,

– any other party can oppose the registration if there are sufficient legal grounds for this,

– the institutions can formaly register the trademark.

If the Georgian authorities will refuse the registration, the applicant has the right to appeal the decision. 

The validity of the trademark registration in Georgia

10 years

The duration of the registration procedure  1 year
Renewal of trademark available (yes/no)

Yes – at the end of the 10 years period, the trademark can be renewed for other 10 years.  

Procedure to acquire international protection of trademark 

The applicant has to:

– address to the National Center for Intellectual Property and request international trademark protection,

or

– address to the institutions of the countries that are of interest.    

Opposition period 

3 months

Registration fee applicable (yes/no) 

Yes 

Legal services offered for trademark registration in Georgia

– legal advice on the applicable law,

– advice on the procedure to register,

– assistance in preparing the application file,

– legal representation on court appeals,

– intellectual property infringements and any other legal matter regulated by the trademark legislation. 

Fees for the initial registration of a trademark

 – for the examination of the trademark application,

– for requesting a priority examination,

– for publishing the trademark, etc.

Fees for trademark renewal

If you want to continue using that trademark beyond its initial validity period, you need to pay a fee to extend its validity.

Trademark registration priority

Georgia follows a "first-to-file" system for trademark registration, meaning that the first person or legal entity to file an application for a specific trademark will have priority over subsequent applicants.

Trademark examination process

The Sakpatenti is responsible for conducting the examination in Georgia;

During this process, they will check if the proposed trademark follows the rules for trademark registration in Georgia and doesn't infringe on the rights of existing registered trademarks.

 Withdrawing the application for trademark registration

You can withdraw your trademark application until the official registration is finished.

Trademark infringements

In case of trademark infringement, the trademark owners can file a lawsuit seeking remedies such as injunctions, damages, and the seizure of infringing goods.

Trademark logos

Trademarking a logo offers legal protection that safeguards businesses against counterfeit products, imitations, and fraudulent activities.

Non-use cancelation

If the trademark owner does not actively use his/her trademark within five years of registering it, someone else can request to have it canceled. 

Researching trademarks before registration

You can contact our lawyers in Georgia if you need help with researching the available trademarks before the registration process.

Incorrect trademarks

– trademarks similar to others already registered;

– trademarks containing names, pseudonyms or portraits of famous individuals in Georgia without their consent;

– using a trademark that contains a firm name causing a likelihood of confusion

Publications of trademarks

Once a trademark application has been submitted and accepted for examination, the trademark will be published in the Official Gazette.

Transferring the rights obtained through trademark registration

The rights given by trademark registration can be transferred to another person or company based on the laws in Georgia. 

Trademark license 

The owner of a trademark can grant another person the right to use the trademark through a license contract, which can cover the full range of goods or a portion of it, with the license being either exclusive or non-exclusive.

Registering more trademarks in Georgia

You can register multiple trademarks, but it's important to note that each of them requires its own separate files and filing process.

Other intellectual property services  Our Georgian lawyers can assist with various intellectual property services, including: copyright protection, patent registration, IP disputes and licensing.

One does not need to be a resident of Georgia when filing the application for trademark registration and our lawyers can offer detailed information on the procedures associated with obtaining the trademark certificate.

Below, we invite you to find out the main steps related to trademark registration and how our law firm in Georgiacan be of assistance in this process.

Intellectual property legislation in Georgia

Trademarks are protected under the intellectual property legislation in Georgia, more specifically under the Trademark Law. The act was last amended in 2010 when the National Intellectual Property Center of Georgia (Sakpatenti) also enabled the Patent Law.

When it comes to trademark registrationGeorgia is also a member of several important agreements and conventions, among which the Paris Convention of 1883, the Madrid Protocol of 1989 and of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 1957.

These international affiliations guarantee that those who register trademarks in Georgia can benefit from simplified procedures in terms of international recognition of their intellectual property rights.

Our lawyers in Georgia can provide more information on the laws governing intellectual property protection and subsequently trademark registration.

You can read about the trademark registration procedure in Georgia in the infographic below:

How-to-register-a-trademark-in-Georgia.png

Trademarks in Georgia – definitions and registration requirements

Under the Georgian legislation, a trademark is defined as a sign or combination of these that take graphical forms, and which are used for distinguishing goods and/or services from one another. The trademark can have one of the following forms or a combination of them:

  • letters, a word or several words that can be used alone or by creating names (including proper names);
  • figures and signs can also be used for designating a trademark, these can also have different colors;
  • three-dimensional figures, such as shapes and other combinations can be used as trademarks;
  • any combination of these can be used to create and register a trademark in Georgia.

It is useful to know that both natural persons, residents to non-residents of Georgia can register trademarks here. Companies are also welcomed to register their corporate names as trademarks here.

It is important to note that originality is the main criteria standing at the base of trademark registration in Georgia.

Our lawyers can offer legal assistance in registering simple and 3-D trademarks with the Intellectual Property Center.

What are the fees charged for the registration of a trademark in Georgia? 

The Sakpatenti charges 2 types of fees – the 1st category of fees refers to different procedures that can appear during the initial registration phase, and the 2nd category refers to the extension of the validity of a trademark.  

Our Georgian lawyerscan provide you with the necessary legal support in understanding the types of fees you must pay for trademark registration and they can also help you to complete this procedure. 

For the current year (2023), the institution specifies that parties who submit an electronic trademark application will benefit from 20% reduction applied to the overall registration fees and that the 20% reduction will also apply to the fee charged for the issuance of a trademark certificate

Please mind that there are fees charged for the entire registration process, such as for the examination, for requesting a priority examination, for the publication of the trademark, for the renewal, for the issuance of the certificate, etc. 

Our copyright lawyers in Georgia can offer more details on the overall fee system. Please know that our copyright lawyers in Georgia can provide legal representation for trademark appeals, which can happen when the institution refused the registration due to various legal reasons. 

Types of trademarks that can be registered in Georgia

There are several types of trademarks that can be registered in Georgia, however, they are available at international level as well. They are divided into two large categories, namely general and specific, each of them with its subcategories.

Among the general trademarks, the following are the most common:

  • generic trademarks which are marks presenting descriptions of general and day-to-day products or services,
  • descriptive trademarks are used for the presentation of specific products or their creator.

Among the specific ones, the following are known all over the world:

  • service trademarks which, as their name states, are used to depict specific services,
  • collective trademarks are used by a group made of several companies or organizations,
  • certification trademarks are very popular among local producers of various goods, such as food products created in a specific region of the country,
  • trade names which are used by companies seeking to protect their names,
  • holograms.

Logos can also be registered as trademarks and if you need information on the types of trademarks you can have certified in Georgia, our lawyers can help you. Also, there are no specific requirements for a type of mark you want registered, as they all need to be graphically represented or drawn upon registration.

No matter the type of trademark you seek to register, our specialists are at your service with complete information on the documents you need to prepare. Moreover, should you not have the necessary time to file them, we can handle the entire registration process based on a power of attorney.

Application for trademark registration in Georgia

No matter if the application with Sakpatenti is filed by a natural person or a company, the following documents must be prepared:

  1. the pre-established application form which must be completed in the Georgian language;
  2. a list and descriptions of the goods or services to be represented by the trademark;
  3. HD printed impression of the trademark to be registered with the Center;
  4. power of attorney in case the request is filed by a representative of the applicant.

The applicant must provide his or her name and address no matter if one owns a property in Georgia or not. Where a representative is appointed, his or her name and address must also be enclosed in the application.

Once the trademark registration application is filed, the following steps will follow:

  • Sakpatenti will examine the application and publish it;
  • the trademark will be published in the Official Gazette and a few months will be given to see if any opposition is filed;
  • if there is no opposition, the certificate of registration will be issued.

Our attorneys in Georgia can register trademarks of behalf of clients based on a power of attorney. We can also help you with legal advice and due diligence if you need to buy a property in Georgia.  

Please mind that if you want to buy an apartment, the market price is generally above EUR 100,000. This price is usually charged for an apartment with a surface of 60-70 square meters with 1 or 2 rooms. 

If you want to buy a house in Georgia, the prices will differ based on the size of the property and the location (a house of 200-300 square meters is evaluated at a price above EUR 200,000).  

Trademark registration timeline in Georgia

The timeframe for trademark registration with the Georgian Intellectual Property Center is similar to that of other European countries, and one should consider the following:

  • the notification of application receival is issued in 3 to 5 months;
  • the examination period takes between 6 and 7 months, during this time oppositions can be filed;
  • after paying the registration fee, the registration certificate is issued in 3 to 4 months;
  • the validity of the trademark spans over a period of 10 years and can be renewed.

What happens during the examination of a trademark in Georgia? 

The examination of a trademark is the procedure through which the Georgian institutions will verify, through specific methods, whether the proposed trademark respects the Georgian regulations for trademark registration and does not infringe the rights of other trademarks already registered. 

The Sakpatenti is fully responsible for the examination of the trademark, which is done as per the regulations of the Trademark Law of Georgia (Article 12.1).  

During the examination, the representatives of the institutions will verify all the documentation presented by the applicant. Although the application file may contain all the basic paperwork required for a valid application, the institution is entitled to require additional documents, if it is necessary. 

According to the Article 12.2, once the institution has made this request, the applicant must submit the required documents in a period of 2 months since the date of the request. 

Please mind that if the documents are not presented in the respective period of time, the Sakpatenti can refuse the registration of the trademark. Therefore, you can request legal representation from our copyright lawyers in Georgia for the issuance of the documents. 

During the examination phase, the institution will establish a priority for the examination of the trademark applications that were received (Article 12.4). It is also worth knowing that before and during this phase the applicant has certain rights. 

For example, after the application file has been submitted and up until the issuance of the priority list, the applicant is entitled to making various modifications to the application file (Article 12.5.c). Our copyright lawyers in Georgia can present other rights a party can have during this phase. 

Once the priority list is established, an applicant can still have the right to make certain amendments to the application file, but only after paying a fee. Our law firm in Georgia can present the fee system applicable in this case.  

Another right that a party has during the examination of the trademark application is to withdraw the application. This right is granted since after the application is submitted and up until the official trademark registration

You can find out what other rights are available for applicants during this phase from our copyright lawyers in Georgia

International trademark registration in Georgia

Those who want to register trademarks in Georgia can obtain enhanced protection for their creations at international level.

For this, they do not need to go through specific procedures, as once they have a national trademark registration certificate it will be easier to obtain international protection. For this purpose, the mark must be registered with the World Intellectual Property Organization (WIPO).

It is also possible to register a Georgian trademark with the European Intellectual Property Organization (EIPO) and thus obtain protection at the level of EU. It is also possible to obtain registration at local level, and one of the best examples is Benelux, however, this option is seldom used by applicants from other countries than Belgium, the Netherlands and Luxembourg.

No matter the type of registration and protection you seek for your mark, our intellectual property lawyers in Georgia can guide you. However, you should know that in order to obtain international protection, the trademark must first be certified in Georgia.

Below, you can watch a short presentation on trademark registration in Georgia

What are the most common trademarks registered in Georgia?

There are numerous types of trademarks that can be registered in Georgia, however, among the most common ones are company trading names and internet domains.

Georgian companies usually seek to have their names protected against businesses that can use them in order to sell counterfeit goods or services under similar names, while the e-commerce market have developed quite a lot and many online companies want to create their own brand, case in which domain names alongside trading names are registered as trademarks.

If you need assistance in registering the name of your company as a trademark in Georgiaour law firm is at your service. Also, if you have found that your trademark has been used by third parties, you can rely on us for taking the necessary measures against such harmful practices.

FAQ on trademarks in Georgia

Can I register a Georgian trademark if I am a foreigner?

Yes, both foreign citizens and companies can obtain protection of their trademarks in Georgia. They can register new ones or simply have their existing ones recognized here.

Can I register more than one trademark?

Yes, it is possible to register more than one trademark, however, for each of them, separate files must be prepared and filed, especially when dealing with different types of marks.

How long does it take to register a trademark in Georgia?

The entire trademark registration procedure can take more than one year, however, in case of additional problems, it can prolong.

How much does it cost to register a trademark in Georgia?

The trademark registration fees are established by the Intellectual Property Center and they depend on the type of mark and how many classes you want to register. Due to the fact that these fees can be changed anytime, for updated information, we kindly invite you to discuss with our lawyers.

If you are considering the registration of a trademark here, please contact our law firm in Georgia as soon as possible.