Trademark Portfolio Management under Georgian Law
Managing a trademark portfolio in Georgia is maintenance under rules set by the law: the record must be kept current (Article 19), the portfolio can be restructured by division (Article 19-1), renewal runs on a 10-year rhythm (Article 20), and transfers are executed in the mandatory written form (Article 25). The international dimension is served jointly by the world organization's system and Sakpatenti — this page explains all four instruments together.
Keeping the Register Current — Article 19
Every change in the data mandatory for registration will be entered in the register on the basis of a declaration by the mark's owner or his representative. At the same time, a change of the mark itself is admissible only where insignificant — not broadening the scope of protection — and a change of the goods list only as its limitation or specification. A change takes effect only after its registration; entered changes are published in the next bulletin and are also entered in the certificate. For the portfolio owner this means: a change of name, address or representative must not be left inactive — the register operates precisely on the changes the owner must declare.
Division — Restructuring the Portfolio, Article 19-1
A mark may be divided into two or more identical marks with independent registration numbers, provided the goods lists of the resulting marks do not overlap. Where an overlap is found, Sakpatenti grants the owner a reasonable period to cure the defect — failing which the demand is refused. A fee is payable for division, and the decision enters into force from the day the data are entered in the register. Continuity of dates matters: the resulting marks retain the filing and priority dates of the original application, and every fee paid and demand filed before the division counts as paid and filed for each new mark. On payment of the fee, the divided marks may be merged back into one — the portfolio is flexible in both directions.
The Renewal Rhythm — Article 20
The registration term is 10 years, counted from the registration date, and may be renewed for each subsequent 10-year period without limitation. The application and fee are processed during the final year of the current term; if missed, the owner may pay the fee within 6 months of expiry — beyond that window the registration is void from the date of expiry, without restoration. Renewal of a mark containing a geographical indication is admissible only for an owner with the right of use, and a registration cancelled at the owner's request cannot be restored. For a portfolio this is the central calendar: one missed deadline removes an entire layer of protection from circulation. The unlimited number of renewals is the foundation of strategic planning: the group of marks is managed by a single calendar, and the currency of the register is re-verified at every renewal.
Transfer — Article 25
The rights arising from registration are transferred to another person under the procedure established by legislation; a mark is transferred together with the enterprise or without it, and a transfer covers the entire goods list or a part of it. Transfer of the enterprise implies transfer of the mark unless the contract provides otherwise. The form is strictly written: non-observance renders the contract void. On transfer, changes are entered in the register and published in the bulletin after payment of the fee — and, decisively, the new owner may not exercise the rights against third parties until the change is entered in the register. Executing the transfer and recording it are thus one process. From a portfolio perspective this rule creates flexibility: the mark is transferred with the enterprise or without it, and the scope of the transfer is defined precisely on the list of goods — so for each mark in the portfolio it is recorded separately which list accompanies the transfer.
Frequently Asked Questions
Below we answer the questions most frequently raised about portfolio management.
Can a mark be split into several registrations?
Yes — into identical marks with independent numbers, without overlapping goods lists; the new marks retain the original filing and priority dates, and on payment of the fee they merge back.
What changes are allowed to the mark itself?
Only insignificant ones that do not broaden the scope of protection; the goods list may only be limited or specified. A change takes effect after registration and is entered in the certificate.
When do I renew the registration?
The application and fee in the final year; if missed — within 6 months after expiry; beyond that the registration disappears without restoration.
What happens on a sale of the mark?
The contract is concluded in writing — otherwise it is void; the new owner exercises the rights against third parties only after the change is entered in the register.
How We Help on Legal.ge
Portfolio management is the precision of deadlines and forms. The specialists at Legal.ge will help you prepare change declarations, division and merger procedures, the renewal calendar and the drafting of transfer contracts — on the basis of Articles 19, 19-1, 20 and 25 of the law. Contact us through the Legal.ge form.