Because Georgia is a “first to file” jurisdiction, trademark registration is required to get rights to a trademark. Unregistered trademarks can only be protected in rare circumstances. Trademark applications must be submitted to Georgia’s National Intellectual Property Center (Sakpatenti).
Georgia is a member of the Madrid Protocol as well. As a result, this country can use the Madrid System to extend an international trademark registration. In Abkhazia and South Ossetia, a trademark registered in Georgia is protected. These regions, however, are disputed, and trademark owners in Georgia may have difficulty enforcing their rights.
Filing requirements
To get a filing date, it’s compulsory to submit a request to register a trademark in Georgia, a representation of the trademark, information about the applicant(s), and a list of goods and/or services for which registration is sought in any language to the Georgian Patent Office.
Power of Attorney’s requirements
Within one month of filing a trademark application in Georgia, a non-legalized Power of Attorney must be provided.
Priority document‘s requirements
If you want to claim conventional priority, you must present a certified document establishing your priority right within three months of the filing date.
In the case of a trademark registration accelerated procedure, the Priority document must be submitted with the application or within 15 days of the filing date.
Examination, publication, and opposition to a trademark application
Trademark applications are examined for adherence to formal requirements as well as the presence of any absolute factors for refusal or invalidity. The office does not perform any prior searches. After a successful examination, On payment of the appropriate fee, opposition to a trademark registration can be submitted within 3 months of the trademark publication.
Trademark validity term and renewal
In Georgia, a trademark is valid for ten years from the date of registration and can be renewed for additional ten-year periods. Within the last year of the validity term, a request for renewal must be filed with the Patent Office. The request must be submitted during a six-month grace period following the expiration of the registration. After the grace period has expired, it is not possible to reinstate a lapsed trademark.
Use requirement
If a trademark registration in Georgia has not been used continuously for five years after it was registered, the court may cancel it at the request of a third party.
Representation by a trademark attorney
For foreigners, trademark prosecution in Georgia must be done through an agent, a registered Georgian trademark attorney.