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Trademark Availability Search

Why should I conduct a trademark search before filing?

A trademark search minimizes the risk of rejection by Sakpatenti. It identifies existing marks that are identical or confusingly similar to yours, saving you from wasting money on filing fees and marketing a brand you cannot own.

Does the search cover international trademarks?

Yes, our comprehensive search includes both national Georgian registrations and international trademarks (WIPO) that have been extended to Georgia. This ensures a complete picture of potential conflicts.

What is the difference between identity and similarity search?

An identity search looks for exact matches of your brand name. A similarity search goes deeper, checking for phonetically or visually similar marks (e.g., "Koka" vs. "Coca") that could legally block your registration due to a likelihood of confusion.

How long does it take to get the search results?

We typically provide a detailed search report with a risk assessment within 2-3 business days. This allows you to make quick, informed decisions about your branding strategy before launching.

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Trademark Availability Search is a preventive measure that every business should take during the brand selection phase. Before spending money on marketing, logo design, or signage, it is essential to ensure that your chosen name is not already taken. Sakpatenti's database contains millions of marks, and there is a high probability that someone has already had your idea. The search service identifies not only identical (exact match) but also similar marks (visual, phonetic, or conceptual similarity), which could lead to registration refusal or future litigation. A professional search covers both registered marks and pending applications, giving you a "green light" for a safe brand launch.

What Does Trademark Search Service Cover?

Specialists at Legal.ge conduct in-depth research:

  • Identity Search: Checking direct matches in the Sakpatenti registry.
  • Similarity Search: Finding phonetically (sound) and visually similar marks (e.g., "LUMA" vs "LUNA"), which is the most common reason for refusal.
  • International Database Check: Checking foreign marks extended to Georgia via the Madrid System (often missed in local database checks).
  • Class Analysis: Searching within specific classes (based on goods type) to rule out conflict with competitors.
  • Risk Assessment: A written opinion on registration success chances (e.g., "High Risk," "Medium," or "Low").

Real-World Scenarios Where You Need This Service

Search is necessary for:

  • Rebranding: A company is changing its name and wants to ensure the new name is clear.
  • New Product Line: Launching a new drink or candy with a distinct name.
  • Before Filing: Before paying the non-refundable government fee, it's better to check your chances.
  • Investor Meeting: An investor wants to know if the brand name is legally protectable.

Georgian Legal Framework and Regulations

The Law of Georgia on Trademarks prohibits the registration of a mark that is identical or so similar to an earlier registered mark that there is a "likelihood of confusion." The search process is based on this legal criterion. It is important to know that Sakpatenti's official examination is conducted only after filing the application, so a preliminary search is the only way to mitigate risks beforehand.

Service Process Step-by-Step

Search is a fast process:

  1. Data Intake: Client provides the desired name/logo and business field.
  2. Research: Lawyer uses professional search tools (TMview, WIPO, Sakpatenti).
  3. Analysis: Comparing found results with the client's mark.
  4. Report: Preparing a detailed report with recommendations (e.g., slightly altering the name).

Why Choose Legal.ge?

Free online searches are often unreliable as they miss phonetic similarities or international registrations. Legal.ge experts use professional tools and legal experience to give you an accurate forecast, saving you thousands of GEL that might otherwise be wasted on fruitless rebranding.

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