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Trademark application Georgia

Georgia (Sakartvelo), located at the crossroads of Eastern Europe and Western Asia, is a country known for its unique culture, breathtaking scenery, and rich history.

Georgia has a vast and diverse history, with ancient origins. Georgia gained independence from Soviet rule in 1991 and has since transitioned to a more democratic and market-oriented society.

The Georgian Orthodox Church has a tremendous influence on the country's cultural and spiritual life. Georgian is the official language of the country.

Understanding the framework for trademark protection is critical for both domestic and international firms operating under Georgia's jurisdiction, as the country has a dynamic and rising economy.

Georgia's legal system for trademark protection is distinguished by its commitment to achieving international standards and fostering a business-friendly climate. Georgia's intellectual property laws are defined by compliance with international treaties such as the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), both of which the country has signed. It ensures that Georgia's trademark protection provisions are consistent with international norms, resulting in a solid structure for protecting trademarks.

The Law on Trademarks is the primary legislation governing trademarks in Georgia, providing the legal foundation for trademark registration, protection, and enforcement. The National Intellectual Property Center of Georgia (Sakpatenti) is the principal institution in charge of trademark registration and other intellectual property problems.

The trademark registration process in Georgia consists of several steps, including application submission, formal and substantive examination, and the issuance of a trademark registration certificate. Once registered, a trademark is protected for 10 years, with the option to renew indefinitely every 10 years. The registration grants the trademark owner exclusive rights to use the mark in connection with the goods or services for which it is registered, as well as the right to prevent others from using similar marks that may confuse consumers.

Trademark application costs in Georgia

The official fees for trademark application depend on the number of classes

Name of service

Official fee, USD

Filing application, one class

- for each additional class

216

Registration and Certificate issuing

120

The commission of Pocket IP is 300 USD per trademark.

The payments are accepted in USD, EUR, GBP, CAD, and PLN (at a client’s request). Both bank payment and card payment are available.

How to file trademark application online in Georgia

Pocket IP offers trademark application services in Georgia.

A trademark application could be filed by entering new data or based on an example of a previously filed application

The fees are calculated automatically in the currency you selected according to the current exchange date.

For filing a trademark application, a simply signed POA is required – a scanned copy (draft and instructions will be provided by service).

File trademark application in Georgia

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Advantages of trademark registration with Pocket IP

24/7 Availability: The Pocket IP trademark application system is accessible at any time, allowing users to file the trademarks and check the current statuses without being limited by office hours.

Free access to docketing service: Pocket IP offers not just an application system, but a docketing service to keep all the trademark data and documents in one place.

Cost-effectiveness: Using Pocket IP to reduce costs is a more cost-effective option to file applications.

Real-Time Status Updates: Applicants can track the status of their trademark applications in real time, receiving updates and any required activities or correspondence from the trademark office.

Trademark registration process in Georgia

Filing

New trademark application

The trademark application is filed with the IP Office and includes information about the trademark itself, the applicant data, the claimed classes and list of goods and/or services.

Formal examination

Check of formal requirements

For up to 1 month, the IP Office reviews the application to ensure it meets all eligibility requirements.

Publication and Substantive examination

The Office runs examination for up to 6 months

Based on the results of the examination, a decision is made to register a trademark or to refuse registration, of which the applicant is notified. In case of disagreement with the preliminary refusal to register the application, the applicant may provide a response within three months.

Registration

Issuing of registration certificate

The certificate is valid for 10 years from the date of filing the application and can be renewed every 10 years an unlimited number of times.

The entire trademark registration process in Georgia usually takes up to 12 months, but it can take longer if a provisional refusal is issued.

For non-residents representation of a local trademark attorney is obligatory.

Opposition procedure in Georgia

The opposition procedure (sending objections to the registration of an application by third parties) is not provided for by law.

Third parties only have the right to appeal the decision of Sakpatenti to the Appeals Chamber within 3 months from the date of registration. The decision of the Appeals Chamber can be challenged in court within one month from the date of the Chamber’s decision.

Possibility to speed up the registration

It is possible to speed up the examination of the applied designation by paying an additional state fee. The period for formal examination of the application in this case will be 3 working days, and the qualification examination will be carried out in 7 working days.

The applicant has the right, at the time of filing the application or at any time after its submission, but no later than 3 months after receiving notification of acceptance of the application for consideration, to request an accelerated examination of the application.

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FAQ

What can be protected as a trademark in Georgia?

Any designation or combination of designations that is clearly and unambiguously formulated and capable of distinguishing the goods and/or services of one manufacturer from the goods and/or services of another can be registered as a trademark.

A symbol or a combination of symbols can be words, names (designations), letters, numbers, sounds, images, color, or shape of a product or its packaging.

Which classification is used by Georgia?

Georgia uses the International Classification of Goods (classes 1-34) and Services (classes 35-45), established by the Nice Agreement for trademark registrations.

How to register a trademark in Georgia?

To register a trademark in Georgia, prepare and submit an application.

For up to a year the application will be examined by IP Office.

The application could be refused by the Office. In case the application meets all requirements, it will obtain a registration.

Are multiple-class applications available in Georgia?

Multiple-class trademark applications are possible in Georgia.

There is no limit to the number of goods/services selected for registration within a class.

Changing data in the application in Georgia

Before the trademark is registered, it is possible to change applicant data, change applicant, or shorten the list of goods/services.

Do I need to hire a local trademark attorney to register a trademark in Georgia?

It is mandatory to hire a local licensed trademark attorney for foreign applicants.

Is a paper certificate issued in Georgia?

A certificate is issued in electronic form by default. To obtain a certificate in paper form, an additional request is needed (without paying an additional state fee).

An updated certificate will not be issued after the TM validity period has been extended. The Office only updates trademark data in the electronic register.

Proof of use of a trademark in Georgia

There is no need to provide evidence of the use of a trademark during the registration procedure or renewal procedure.

Any interested person can challenge the registration of a trademark in court due to its non-use during the three years preceding the date of filing the claim in court. A claim against the validity of the registration may concern all or part of the goods specified in the certificate.

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