The EU Trade Mark — the Georgian Applicant's Route
The European Union trade mark is in itself an institution of European Union law, and its registration is administered by the European Union Intellectual Property Office (EUIPO) — a non-Georgian procedure. For a Georgian applicant, however, the legal bridge onto this route is written precisely in Georgian legislation: under Article 39 of the Law on Trademarks, an international application under the Madrid Protocol begins at Sakpatenti and may designate the European Union; Article 11 establishes the discipline of priority; and Article 15-1 offers accelerated registration on the Georgian side. This page explains how a European ambition connects to the Georgian legal procedure.
The Madrid Gateway — Article 39
Under Article 39, the law applies to trademarks whose protection is claimed under the Madrid Protocol. An application for international registration must, in accordance with the procedure established by the Protocol, be filed with Sakpatenti, and the application must be accompanied by a translation of the classification-grouped list of goods into English. It is through this route that a Georgian applicant may designate the European Union in the international application: the mark first rests on a Georgian basis and then extends, by a single application, to several jurisdictions — including the unified space of the European Union, where its registration is administered by the European Union Intellectual Property Office.
Note the technical detail here as well: the English translation of the goods list is an integral part of the application. A list correctly grouped by classes and precisely translated determines what protection the mark will enjoy in each designated jurisdiction — and an error here is reflected in every country at once.
The Discipline of Priority — Article 11
Planning a European application begins with the rules of priority. A mark's priority is established by the filing date of the application at Sakpatenti, provided the formal-requirements examination fee is paid within no later than 15 calendar days of filing. Under convention priority, the applicant relies on the date of the first filing in a Paris Convention member state if no more than 6 months have passed before the Georgian application; exhibition priority works within the same period, from the first day of display at an official or officially recognized international exhibition. Convention and exhibition priority do not extend each other's terms.
The formal demands are strict: an applicant wishing to benefit by priority must notify Sakpatenti within one month of the filing date and submit documents confirming the right to claim it within 3 months; the fee is likewise paid within one month. Different goods may be given different priorities, and where the same priority is shared, preference goes to the mark whose use in Georgia began earlier. For an applicant with European ambitions this matters because the Georgian (or convention) date becomes the reference date against which protection in other states is later counted.
The Georgian Accelerated Track — Article 15-1
Before the international application goes toward Europe, the Georgian base must mature quickly — and for this the law offers accelerated registration: accelerated examination may be requested at filing or at any time afterwards, but no later than 3 months from receipt of the notice that the application has been accepted for examination. The request must be accompanied by all documents defined in Article 9 and the fees for accelerated examination and registration; where priority is claimed, the confirming document and fee are added.
The deadlines are compressed as follows: within 3 days of the request Sakpatenti checks the application's compliance; a missing document must be submitted within 15 days, otherwise the request is refused; where the request is satisfied, Sakpatenti checks the grounds for refusal within 7 working days and, on a positive decision, registers the mark in the register, publishes the data in the bulletin and issues a certificate. Any interested person has 3 months from publication to challenge the registration before the appellate chamber. An additional guarantee also exists: if an application with an earlier priority later arrives and a ground for refusal arises, the accelerated registration is cancelled — which is why a full search and clearance become even more important before choosing the fast track.
Frequently Asked Questions
Below we answer the questions most frequently raised about the route toward an EU trade mark.
Can the EU be addressed directly?
Registration of the EU trade mark is a procedure of the European Union Intellectual Property Office; within the framework of the Georgian law, the applicant's natural route is the Madrid Protocol — an international application filed with Sakpatenti and designating the European Union.
How fast is accelerated registration of the Georgian base?
The request's compliance is checked within 3 days and the grounds for refusal within 7 working days; on a positive decision the mark is registered in the register and a certificate is issued.
How do I use convention priority?
The first filing date works within 6 months, if you notify Sakpatenti within one month and submit the confirming documents within 3 months.
Is the accelerated track risky?
Somewhat — if an application with an earlier priority later arrives and a ground for refusal arises, the registration will be cancelled; a full search should therefore precede the fast track.
How We Help on Legal.ge
The route toward Europe combines two procedures — the Georgian base and the international application — and in both, deadlines and details decide the outcome. The specialists at Legal.ge will help with the English translation of the goods list, with structuring priority and, where needed, with the accelerated track established by Article 15-1. Contact us through the Legal.ge form.