A domain-name dispute — someone holding and using a domain built on your brand — is resolved in Georgian law not by a separate domain statute but by the general norms of intellectual property. The Law of Georgia on Trademarks supplies the machinery: the exclusive right, the criteria of confusion, the requirement of genuine use and the remedies for infringement. Here we examine how that machinery operates in domain disputes; international administrative practices are mentioned only as general information, while the legal analysis rests on the statute itself.
The Domain and the Trademark — the Legal Link
The foundation is Article 6: from the date of registration the holder acquires an exclusive right to the mark. The holder may prohibit a third party from using, without consent and in civil circulation, a sign identical to the protected mark with identical goods, identical with similar goods, or similar where confusion — including through association — arises.
The list of prohibited forms is broad: affixing the mark on goods or packaging; offering, storing, importing or exporting marked goods; using the mark for services, in advertising or on business papers; and — decisive for domain disputes — using the trademark as a firm name or part of it. On this last form the position rests: a brand name used as an internet address is treated as use of the sign in civil circulation.
When Is a Domain Conflicting
Article 5 sets out the relative grounds for refusal, and the same logic carries into domain conflicts: a mark is not registered where it is identical to an earlier mark for the same goods; identical to a third party’s earlier mark with goods so similar that confusion arises; or similar to an earlier mark where the goods are identical or similarly confusing, including through association.
Well-known marks receive separate protection: identity or similarity to a mark generally known in Georgia before the application is a ground of refusal even where the lists of goods differ. Reputable marks are protected too: use is refused where it unduly advantages the applicant or damages the mark’s reputation. Registering a domain on a known brand therefore cannot be justified by pointing to a different field of activity.
Genuine Use and Cancellation
Article 24 defines what counts as use: by the holder, a licensee, or a third party with consent; with minor variations that do not alter the distinctive character; and on goods destined for export. Such acts must be performed on a scale that counts as genuine use on the market.
Article 27 supplies the instrument against squatters and dormant registrations: at a third party’s request the court cancels a mark not actually used continuously for 5 years for its registered goods in Georgia. Exception: where use began or resumed after that period but before the request, cancellation is inadmissible. Cancellation is also available where the mark became generic or its use misleads consumers as to kind, quality, value or origin.
Remedies for Infringement and the Balance of Conflicting Marks
Article 45 gives the holder a broad arsenal: cessation of the statutory acts; removal of infringing goods from circulation; destruction of goods where the mark is inseparable; destruction of labels, packaging and advertising materials containing the mark or its imitation — including deletion of materials placed on the internet — and of the implements used to produce the mark.
The proprietary side is complete: the holder may claim damages including lost profits, disgorgement of the infringer’s revenues, or a lump-sum payment fixed at no less than the hypothetical licence fee — a statutory floor anchoring the court’s assessment. In special cases the court may impose monetary compensation instead, and injunctions extend to service providers who knew or should have known their service was used for commercial-scale infringement.
Article 45-1 balances conflicting registered marks: the earlier holder may not prohibit use of a later mark where its invalidation is inadmissible under the statutory exceptions — and vice versa. In a domain dispute the way out is found by examining the priority and validity of both registrations, not by assuming earlier always wins.
Frequently Asked Questions
Below are the questions businesses ask us most often about domain disputes, answered from the norms of the Law of Georgia on Trademarks.
Can a domain be registered on a well-known brand?
No. Under Article 5, identity or similarity to a generally known mark is a ground of refusal even where the goods differ, and Article 6 prohibits such use in civil circulation.
What remedies exist against a conflicting domain?
Under Article 45: cessation, deletion of internet materials containing the mark, damages, disgorgement of revenues or a lump-sum compensation floored at the hypothetical licence fee.
What if the opponent’s mark is unused?
Continuous non-use for 5 years opens cancellation before the court under Article 27; but if use resumed after the five-year period and before the request, cancellation is barred.
How is a dispute between two registered marks resolved?
By Article 45-1: where invalidation of the later mark is inadmissible, the earlier holder cannot prohibit its use, and vice versa — the solution depends on both registrations.
How We Help on Legal.ge
The lawyers of Legal.ge handle domain disputes end to end: we verify the opponent’s priority and genuine use, assess confusion risk, prepare cessation, deletion and compensation claims, and represent you in court and in transfer negotiations. Contact us — and your brand’s digital identity will be legally protected.