Trademark Registration in Georgia
Trademark Registration in GeorgiaUpdated on Wednesday 10th February 2021
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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.
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 Georgia can 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 registration, Georgia 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:
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.
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,
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:
the pre-established application form which must be completed in the Georgian language;
a list and descriptions of the goods or services to be represented by the trademark;
a HD printed impression of the trademark to be registered with the Center;
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.
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.
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 (WIPO) 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.
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 Georgia, our 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.