The Essence of Monitoring — the Register and the Bulletin
Trademark monitoring means the systematic tracking of registration processes, terms and changes in legal status — both for one's own mark and against competitors' and blocking applications. The legal foundation of this system is the Georgian Law on Trademarks: under it, the registration of a mark is entered in the register of trademarks and the data are published in the bulletin. The register contains the representation of the mark, information about the holder, the priority and registration dates, and the list of goods grouped under the international classifier — exactly the data on which a confusion assessment is built.
Any interested person may, after submitting an appropriate application to Sakpatenti, examine the register's data and request a certified extract — a declaratory instrument that allows one's position in the competitive environment to be checked.
Monitoring International Registrations
Article 42 of the Law also regulates the international dimension: data on the international registration of a trademark are published in the journal of the International Bureau of the World Intellectual Property Organization. Where a positive decision is issued on granting protection in Georgia to an international mark, the date and number of the international registration are additionally published in the bulletin within one month of the decision. The appeal term is counted from the day of publication of that date and number in the bulletin — so for monitoring international marks, the publication date is the critical marker.
The Term of Registration and Its Renewal
Under Article 20 of the Law, the term of a trademark registration is 10 years, counted from the day of registration. The term may be extended by each subsequent 10 years, without limitation on the number of renewals — on the basis of an application and payment of the fee, which takes place during the final year of the term. Where the application is not filed or the fee not paid, the holder has 6 months from expiry to pay; if that term lapses, the registration is cancelled from the day of expiry, without a right of restoration. Moreover, where the registration was cancelled at the holder's request, its restoration is inadmissible.
Cancellation Risks — Non-Use and Degeneration
In monitoring, the grounds for cancellation occupy a central place. Sakpatenti cancels a registration at the holder's request, on the death of an individual holder without an heir, or on the liquidation of a legal person without a successor. The court, on a third person's request, cancels the registration where the mark has in fact not been used continuously for 5 years for the goods for which it is registered; if use of the mark began or was resumed after the 5-year period, cancellation is inadmissible. Other grounds are the mark becoming a generic term, or use by the holder creating a misleading perception of the kind, quality, value or geographical origin of the goods. For non-use there is an important indulgence: where non-use is conditioned by circumstances independent of the holder's will — for instance, import restrictions — that ground does not apply.
Invalidation — the Defensive Arguments
The court declares a registration invalid on a third person's request on several grounds: where the registration was made in breach of the law's substantive requirements or in bad faith; where it was effected in a state party to the Paris Convention by the holder's representative or agent in their own name without consent and cannot be justified; where the mark contains a firm name whose rights arose before the application and confusion arises; where the registration infringes a third person's copyright arising before the priority date; or where it is identical or similar to a mark well known in Georgia before the application, or to an earlier-priority mark with a reputation. For monitoring this list serves both directions — defending one's own registration and challenging a blocking mark.
Frequently Asked Questions
Below we answer the questions most frequently asked on this topic.
For how long does a registration last?
10 years, renewable by each subsequent 10 years without limit — by application and fee during the final year.
What happens after expiry?
The holder retains 6 months to pay the fee; after that term the registration is cancelled without a right of restoration.
When can a mark be cancelled for non-use?
Where it has not been used continuously for 5 years for the registered goods; resumed use blocks the cancellation.
Who may inspect the register?
Any interested person — after an application, a certified extract may also be requested.
How We Help on Legal.ge
Trademark monitoring requires regular watching of the register and the bulletin, management of terms and prevention of disputes. On Legal.ge you can consult an advocate experienced in intellectual property who will organize the control of your marks, safeguard the renewal terms and help you challenge blocking registrations. Submit a request on the site and get qualified assistance.