Trademark Clearance in Georgia

Trademark Clearance

What is the purpose of clearance?

To identify, before filing, the marks and rights with which the new mark would conflict under Article 5 — avoiding refusal of registration or later nullity.

How far should the search reach?

To identical and similar marks, considering the similarity of goods; to well-known marks even across other goods; and to geographical indications and personality signs.

How is the nullity window limited?

For earlier marks — 5 years from knowledge, bad-faith registration excepted; the earlier holder may also need to prove genuine use.

What is convention priority?

The date of the first filing in a Paris Convention state, within 6 months; one month to notify, 3 months for supporting documents.

5 min·8 Feb 2026

Trademark Search and Clearance Before Filing

A pre-filing trademark search and clearance is necessary because the rules of refusal and nullity are written precisely in the law: Article 5 of the Law on Trademarks enumerates the relative grounds on which a mark will not be registered; Article 11 determines who is "earlier" and how priority is counted; and Article 28 establishes the nullity rules — that is, what a mistake after registration costs the applicant. A properly planned clearance is drafted from the text of exactly these three articles: the search brief is written by the law, not by intuition.