What is a trademark?
A trademark is a sign or combination of signs that may be represented graphically and is capable of distinguishing the goods or services or both of one undertaking from those of other undertakings.
The sign may be a word or words, including proper names, letters, figures, sounds, a design or a three-dimensional figure, including the shape of goods or their wrapping and also other packaging, including colors or combination of colors.
The person enjoying exclusive rights may prevent third parties from using a trademark in the course of trade that is:
a) identical to the protected trademark and relates to the same goods;
b) identical to the protected trademark and the goods are so similar, that there is a risk of confusion including confusion based on association;
c) similar to the protected trademark, and the goods are identical or so similar that there is a risk of confusion of the marks including confusion based on association;
d) identical or similar to the protected trademark, and protected on account of the good reputation of the trademark in Georgia, so that the use of the mark affords unfair advantages to third parties or damages the good reputation of the trademark or its distinguishing power.
Any natural person or legal entity shall have the right to obtain an exclusive right to a trademark by registering it in Sakpatenti. The trademark holder's exclusive right shall have effect as from the date of the registration of a trademark.
How to register the trademark?
- On purpose to register a trademark it should be necessary to file an application in accordance with the established rule with Sakpatenti. The application shall be drafted in Georgian in printed form and shall cover only a single trademark.
- A person who applies for a trademark registration (hereinafter referred to as applicant) may perform procedures relating to the registration of a trademark either by himself or through a representative or an attorney who is registered in Sakpatenti.
- The application shall contain:
a) Full name and address of the applicant;
b) The representation of the trademark;
c) The list of the goods and/or services for which the trademark registration is sought;
d) Signature of the applicant or his representative;
All the other necessary data may accompany the application upon filing or they may be submitted within one month as from the filing date of the
The examination as to form shall be conducted within two months after filing the application
The substantive examination is carried out within six months period from ending the examination as to form;
After taking a decision of substantive examination on a trademark registration Sakpatenti within one month publishes the trademark data in the Official Bulletin of the Industrial Property
The applicant has the right to:
a) require suspension of consideration of his own application at any stage of examination after paying the prescribed fee, but no longer than three months;
b) familiarize himself with the materials applied at examination and require the copies;
c) before establishing the application priority, to fill, amend, correct or specify the application material. After establishing of the application priority, the mentioned changes are possible only after paying the prescribed fee, but no later than the registration of the trademark. If the additional materials expand the list of goods or essentially change the presented sign, then such information is not taken into account;
d) withdraw the application before the trademark registration.
The rules of drawing up the application and filing, of examination, of opposing the examination decision, suspension of the procedural terms, of extension and renewal, also other rules respecting the trademark registration are defined by the instruction "On Filing the Application for Trademark and Procedures Respecting the Registration" approved by the rule defined under the legislation of Georgia
The validity term of a trademark registration is defined by ten years, and is counted from the date of a trademark registration with Sakpatenti.
. The validity term of a trademark registration can be extended by each following ten years, without any time-limit.
The rights conferred by the trademark registration may be transferred to other legal entity and natural person on the basis of the rule established under the legislation of Georgia
Transfer may be applied to the full list of goods or to its portion.
The right to the use of a trademark can be conferred by its holder (licenser) to another person (licensee) on the basis of a license contract
At transfer of the trademark the relevant amendments shall be recorded in the register.