MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to trademark registration in Georgia (Sakartvelo) including trademark search, registration, renewal of a trademark certificate, preparing and recordal of assignment and license agreements, recordal of changes as well as representing clients before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
Overview of the trademark registration procedure in Georgia (Sakartvelo):
According to the legislation of Georgia, designations that are similar with or identical to the trademarks previously registered or applied for registration to the IP Office in respect of similar goods and/or services cannot be registered.
The online trademark search is available on our website in order to determine whether there are any similar or identical trademarks registered or filed with the Sakpatenti.
After the completion of filing, the Official notification of the receipt of the application is issued within 3-5 months. Then the Georgian trademark application undergoes substantive examination for about 6-7 months. On condition that the trademark meets the requirements of protectability the grant decision is issued and the trademark is published. After the 3-month term in absence of opposition the notification to pay the registration fee is issued. Then after payment of the prescribed registration fee the certificate of registration is issued within 3-4 months.
The entire procedure of trademark registration in Georgia takes from 14 to 17 months.
Foreign applicants must be represented before the Office by a registered Georgian trademark attorney.
For filing a trademark application in Georgia we need:
- Name and address of the applicant;
- Prints of the trademark;
- List of goods and/or services in accordance with the international classification;
- Certified copy of priority document if priority is to be claimed (may be filed to the Georgian Trademark Office within three months from the filing date);
- Signed Power of Attorney, legalization and notarization are not required (may be filed to the Georgian Trademark Office within one month from the filing date).
Opposition period against trademark application in Georgia is 3 months from the date of publication.
Grounds, institutions and terms for filing a cancellation after registration (issuance of the certificate):
1. Cancellation based on relative grounds may be filed to Court within the entire period of validity of the trademark;
2. Cancellation based on absolute grounds may be filed to Court within the entire period of validity of the trademark;
3. Cancellation based on non-use may be filed to Court. The grace period is 5 years from registration or prior to the date of filing cancellation. There is no reference to toleration of use in legislation and thus it is not applied to cancellation.
Trademark validity and renewal:
A trademark in Georgia is valid for 10 years from the date of registration and can be further renewed every 10 years. In Georgia it is possible to apply for a trademark renewal within 12 months before the deadline. There is also a 6-month grace period which allows applying for a renewal after the deadline without payment of additional fees. Reinstatement of a lapsed trademark (after grace period expiration) is not possible.
Required documents: signed and stamped Power of Attorney.
For more information about trademark registration in Georgia or quotation for filing and prosecution of the Georgian trademark application please contact us.