Why and how to register a trademark in Georgia

In Georgia, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can an unregistered trademark be protected. The trademark applications must be filed with the National Intellectual Property Center of Georgia (Sakpatenti).

Georgia is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

A trademark registered in Georgia grants protection in Abkhazia and South Ossetia. However, these territories are disputed and owners of a registered trademark in Georgia may have difficulties enforcing their rights.

If you register a combined trademark (which includes both word elements and figurative elements) in Georgia, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. 

In Georgia, opposition actions may be filed by third parties against a local trademark application within three (3) months after the publication of the application in the Official Bulletin of the Industrial Property. The probabilities of success for an opposition will vary in each case depending on the circumstances.

Although a trademark does not have to be in use in order for it to register, it must not go unused for periods longer than five years, or it will become vulnerable to cancellation actions based on lack of use of the trademark. Lack of use may be justified in some circumstances.

Registered trademarks in Georgia have a validity of ten (10) years from the registration date and can be renewed indefinitely for further periods of ten (10) years. There is a grace period of six (6) months after the expiration date during which the trademark renewal may still be requested upon payment of a late renewal additional fee.

 

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