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Trademark Clearance

What is the difference between a trademark search and clearance?

A standard search checks registry databases for conflicts. Clearance goes much further, investigating unregistered "common law" marks, domain names, social media, and business directories to ensure total freedom to operate and minimize hidden risks.

Why check for unregistered trademarks?

In Georgia, well-known marks are protected even without registration. If you use a brand similar to an established unregistered player, they could sue for passing off or block your registration. Clearance identifies these "invisible" threats.

What is a Freedom to Operate (FTO) opinion?

An FTO opinion is a legal document provided by our attorneys assessing the risk level of using a specific brand. It confirms whether you can legally launch your product without infringing on the IP rights of others, crucial for M&A and investment.

Does clearance include linguistic checks?

Yes, we analyze the brand name for negative connotations or offensive meanings in relevant languages. This is vital for global brands to avoid PR disasters when entering new markets with different cultural contexts.

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Trademark Clearance is a deeper and more complex version of a standard search. While a regular search checks if a similar mark is registered in the database, Clearance determines whether using the mark carries practical risks (Freedom to Operate). This service investigates not only the registry but also "Common Law" rights, the internet, domains, company names, and unregistered brands on the market. Even in Georgia, a brand might exist unregistered but hold "well-known" status or prior use rights, giving it precedence. A Clearance Opinion is a detailed risk analysis that tells you how safe it is to launch a new brand and how to avoid conflict.

What Does Trademark Clearance Service Cover?

Experts conduct multi-level research:

  • Full Availability Search: Checking Sakpatenti, WIPO, EU, and US databases (if needed).
  • Common Law Search: Checking unregistered usage (social media, trade portals, business registry).
  • Linguistic Check: Analyzing if the name has negative meanings in other languages (critical for exports).
  • Domain Check: Verifying if relevant web addresses (.ge, .com) are available.
  • Legal Opinion: A written recommendation assessing risk levels and proposing strategies (e.g., modifying the logo).

Real-World Scenarios Where You Need This Service

Clearance is essential before major investment:

  • Global Product Launch: Creating an app or product sold in multiple countries. You must ensure the name is clear everywhere.
  • Mergers & Acquisitions (M&A): Buying a company and wanting to ensure its brand is legally "clean" with no hidden disputes.
  • Big Marketing Campaign: Spending a large budget on ads. If the name turns out to be taken, the money is wasted.

Georgian Legal Framework and Regulations

Legislation protects not only registered but also well-known marks (Article 6bis of the Paris Convention). This means if a brand is known in Georgia without registration, it can challenge your registration. Clearance serves to uncover such "invisible" risks. Compliance with absolute grounds (e.g., descriptiveness) is also checked.

Service Process Step-by-Step

The process is deeper than a standard search:

  1. Market Research: Studying competitor activity.
  2. Deep Dive Search: Processing various sources (press, internet).
  3. Risk Ranking: Assessing obstacle severity (insurmountable vs. manageable).
  4. Opinion: Strategic advice (e.g., "buy this domain" or "change one letter").

Why Choose Legal.ge?

A standard search sees only the tip of the iceberg. Legal.ge's Clearance service sees underwater risks too. Our lawyers help you make an informed decision and avoid costly legal mistakes when starting a business.

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Specialists for this service

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