Trademark registration in Georgia
Definition of Trademark
Before we discuss the importance of registration of trademarks and the registration procedure, we will first explain what a trademark is.
A trademark is any symbol or set of symbols that is included in the trademark register, is clearly and unambiguously formulated and has the ability to distinguish the goods and/or services of one enterprise from the goods and/or services of another enterprise (hereinafter - goods).
A sign may be a word or words, including personal names; letters; numerals, sounds; images; 3D figures, including shapes of goods or of their packaging, as well as any other decorations of goods using colour or any combination thereof.
Importance of trademark registration
A trademark is a valuable asset; its registration is of great importance to businesses. Trademark registration primarily serves a legal protection function, granting you the exclusive right to use the trademark in relation to your goods or services and preventing others from using it.
Once registered, the trademark identifies your business and clearly differentiates you from your competitors. As the business expands and more resources are invested, trademark registration becomes increasingly necessary and in demand. You can protect your trademark both nationally and internationally.
Trademark registration procedure
Trademark registration is carried out at the National Intellectual Property Center of Georgia, known as "Sakpatenti". The application can be submitted either physically at the patent office or electronically online. The application must be filled out in the Georgian language.
The application filed with Sakpatent is subjected to formal and substantive examinations.
The formal requirements examination determines whether the application has been completed in accordance with the law.
The substantive examination is conducted within 6 months after the formal requirements examination of the application.
The substantive examination checks whether there are grounds for refusal of registration as provided by the law. The standard timeframe for reviewing and deciding on a trademark registration application is 11 months, while the expedited timeframe is 10 days.
A person holding exclusive rights shall be entitled to prevent a third party from using a trademark in the course of trade without his/her permission if, with regard to the protected trademark of the person holding exclusive rights, this trademark is identical and the goods are so similar that there is a likelihood of confusion due to the similarity, including the likelihood of confusion as a result of association.
For registration, the application must be filled out in detail, accurately (the list is incomplete):
- · Data of the applicant: legal entity or individual;
- · Trademark category: i.e., what type it is - verbal, figurative, etc.;
- · If it is an image, the appropriate image must be uploaded;
- · Brief description of the trademark;
- · Color selection.
After registration in the trademark register, "Sakpatent" issues a certificate for the trademark. The certificate confirms the registration of the symbol as a trademark, the priority date of the trademark, the exclusive right of the owner and the term of validity of the trademark registration.
One day, a business may want to expand beyond the borders of Georgia and register a trademark internationally, prohibiting the use of a similar or identical mark not only in Georgia but also in other countries. A negative decision on registration can be appealed by the applicant to the Chamber Appeals within three months of the decision being issued.
Grounds for refusal of trademark registration
Before registering a trademark, it is necessary to consider the requirements of the law, in particular the grounds for refusal.
There are absolute and relative grounds for refusal.
Absolute grounds
A sign or a combination thereof shall not be registered as a trademark if: (the list is incomplete):
- · it abuses or contradicts national values, religion, traditions or moral standards;
- · it is of such nature as to deceive consumers with regard to the properties, quality, geographical origin or any other characteristic of the goods;
- · contains or in any part coincides with the name of a new plant variety, which is protected in Georgia under Georgian legislation or international legislation, and trademark registration is required for the same or similar plant variety.
Relative grounds
- - A trademark shall not be registered if: (the list is incomplete):
- · it is identical with the trademark of goods that have been registered earlier;
- · it is identical to a trademark that has been registered earlier in the name of a third person, or if because of the similarity of the goods there is a likelihood of confusion, including the likelihood of confusion as a result of association of these trademarks;
- · it contains the name, pseudonym, facsimile or portrait of a person who has been famous in Georgia before applying for the registration – without the permission of the person or his/her heirs, and if these are historical and cultural property of Georgia – without the consent of the Ministry of Education, Science, Culture and Sport of Georgia.
If you want to protect your intellectual property and especially register a trademark for your business in compliance with all the rules, the LTA team is ready to help you streamline the process and achieve your goal.
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