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Why Should a Company Register its Trademark?

247
6/1/2023

The Rules of Registration in Georgia

Not every business owner in Georgia needs a trademark. Typically, it is used by entrepreneurs who wish to distinguish their unique brand among other conventional names such as "Bakery", "Barbershop", or "Atelier".

An exclusive business name can be registered in the shortest possible time thanks to the Georgian law "On Trademarks". It allows an accelerated registration procedure to be arranged within 10 working days, after which the company name will be protected both on the local and international market. In other countries, this process can take months or even years.

What is a Trademark and What Does it Consist of?

A trademark is a unique sign indicating the affiliation of a product or service to a specific company. It is expressed in the form of a word, phrase, symbol, logo, image, color combination, or their combination. The official registration of a trademark gives the owner the right to use the mark for commercial purposes, and also protects it from being used by other parties without permission.

Registration Procedure

Before starting the trademark registration procedure, it is necessary to ensure its originality. This can be done on the website of Sakpatenti - the National Intellectual Property Center of Georgia.

The registration procedure itself takes place in several stages:

  1. Filing an application in Georgian at Sakpatenti. At this stage, the state fee is paid. 
    Also, when submitting an application, it is necessary to provide 3 quality images of the trademark, an electronic medium with information about the trademark, its exact dimensions, shape and volume, as well as a list of goods and services on which this trademark will be applied.
  2. Conducting a formal examination. Sakpatenti specialists check the package of documents and, if necessary, may request additional information. With the standard registration procedure, this stage takes 2 months, with accelerated registration - 3 days.
  3. Carrying out an examination on the merits of the application. It lasts about 6 months and is aimed at finding reasons for refusing registration. With accelerated registration, the procedure is given 7 days.
  4. Publishing the image of the trademark and applicant data. This stage is carried out within 1 month after passing the examinations and approving the application.
  5. Filing a claim. In case of a decision to appeal the actions of Sakpatenti or cancel the registration, a claim can be filed within 3 months after the publication of the trademark. 
    If there are no claims against Sakpatenti, after paying the fees for the trademark registration, a certificate of registration is issued within the next 3 months. From this moment, the trademark is considered officially registered and will be valid for 10 years. After the expiration of the term, it can be extended for another 10 years an unlimited number of times.

Punishment for using someone else's trademark

Unauthorized use of someone else's trademark in Georgia is punishable by a criminal term - up to 2 years of imprisonment, and the minimum that can be obtained is an administrative fine from 500 lari, which will increase with repeated violation.

It's Important to Know

Applications for trademark registration in Georgia can be submitted independently only by citizens or residents of the country with permanent residence. Other entrepreneurs can do this through trusted persons or certified patent attorneys who have a Sakpatenti certificate.

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