---
title: "Trademark Infringement Litigation"
url: "https://legal.ge/en/service/intellectual-property-law-en/trademark-infringement-litigation-en"
field: "Intellectual Property Law"
description: "Trademark infringement litigation under Articles 6, 45 and 45-1 of the Georgian law: the test, the remedies, coexistence. Legal.ge."
reviewed: "2026-07-09"
updated: "2026-10-14"
publisher: "legal.ge"
---

# Trademark Infringement Litigation

> Source: legal.ge, https://legal.ge/en/service/intellectual-property-law-en/trademark-infringement-litigation-en

## Trademark Infringement Litigation

Litigation over the infringement of trademark rights is read through three norms: what counts as infringement (Article 6), what the claimant and the court may demand (Article 45), and where the statutory ceiling on enforcement lies when the conflict is between two registrations (Article 45-1). This page explains the dispute from test to remedy — from identity and similarity to compensation.

## What Infringement Is — Article 6

The exclusive right arises from the date of registration, and the holder may prohibit a third party from using, without consent and in circulation, a sign that stands to the protected mark as follows: identical with identical goods; identical with goods so similar that confusion — including through association — arises; similar with identical or confusingly similar goods; or identical or similar to a mark with reputation — regardless of goods — where the use creates unfair advantage or harms the reputation.

The objects of infringement are likewise enumerated: affixing the mark on goods or packaging; offering, circulating, storing, importing and exporting marked goods; offering services under the mark; use in advertising and business papers; and use as a firm name. In addition, without the owner's consent it is prohibited to affix an identical or similar sign on packaging materials and to circulate such means — the market in counterfeit packaging is separately prohibited. In litigation the claimant's first task is precisely to prove this test and this enumeration.

## What the Claimant May Demand — Article 45

Article 45 gives a full catalogue of remedies. On infringement the holder may demand: cessation of these acts; removal of marked goods from circulation, including goods imported into or stored in Georgia; destruction of marked goods where separation of the mark is impossible; destruction of images, labels, prints, packaging, advertising materials and signboards containing the mark — including materials placed on the internet; and destruction of cliches, matrices and equipment intended for producing the mark. Several of these measures may be demanded simultaneously.

The catalogue is completed by monetary measures: besides the remedies, the holder may demand compensation of damage including foregone income — where the infringer knew or should have known; seizure of the income received from the infringement in his favour; or a one-time monetary compensation, set at not less than the amount the infringer would have paid for a licence. In assessing damage, account is taken of the essence of the infringement, the income derived from it, pecuniary and non-pecuniary harm, and the income the holder would have earned under lawful use. In exceptional cases the court may, instead of destruction, impose monetary compensation where the infringer acted negligently or the measure would cause disproportionate harm. Enforcement is possible also against a person who knew or should have known that his service was used for commercial-scale infringement — the market infrastructure thus falls within the circle of liability.

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### What is the infringement test?

The comparison of identity and similarity of mark and goods: identical mark on identical goods, likelihood of confusion on similarity, and protection of reputation across goods.

### Against whom may enforcement run?

Against the direct infringer and against anyone who knew his service served a commercial-scale infringement.

### Why does Article 45-1 matter?

Because losing the nullity option also kills the right to prohibit between two registrations — the dispute must be planned early.

### May measures be combined?

Yes — the claimant demands several actions simultaneously.