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Trademark Opposition

What happens after I file an opposition?

Sakpatenti notifies the applicant, giving them a chance to respond. Then, an oral hearing is scheduled at the Chamber of Appeals where both parties present arguments before a final decision is made.

Can I oppose a mark based on copyright infringement?

Yes, if the trademark contains your copyrighted work (e.g., an artwork or character) without permission, you can file an opposition based on copyright violation, even if you don't have a registered trademark.

Is it possible to extend the 3-month opposition period?

No, under Georgian law, the 3-month opposition period is strict and non-extendable. Missing this deadline means you must wait for registration and then file for cancellation, which is harder.

Can I withdraw my opposition?

Yes, oppositions are often withdrawn as part of a settlement agreement (e.g., if the applicant agrees to limit their goods or modify the logo). We help negotiate such settlements.

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Trademark Opposition is an administrative legal procedure that allows a rights holder to block the registration of a competitor's trademark before it is finalized. Under Georgian law, after Sakpatenti publishes an application in the official bulletin, any interested party has a 3-month window to file an objection. This is the most effective and least expensive way to prevent marks similar to your brand from appearing on the market. If you miss this deadline, the competitor will obtain registration, and cancelling it later will be significantly more difficult.

What Trademark Opposition Services Cover

Specialists on Legal.ge offer full representation in the dispute process:

  • Grounds Analysis: The lawyer assesses your chances of success (e.g., whether the marks are "confusingly similar" or if the application was filed in bad faith).
  • Drafting and Filing Opposition: Preparing a substantiated complaint and submitting it to Sakpatenti within the statutory 3-month period.
  • Negotiations: Disputes can often be settled by negotiation—the competitor might modify their mark or remove specific goods classes.
  • Representation at Hearings: Participating in the oral hearing of the Chamber of Appeals of Sakpatenti and presenting arguments.
  • Appeal: Appealing the decision in court if the Chamber's ruling is unsatisfactory.

Practical Examples and Scenarios

Opposition is necessary in the following cases:

  • Consumer Confusion: You produce juice under "Fruit Garden". A competitor files for "Fruit Orchards" for the same product type. Opposition is vital as consumers won't distinguish between them.
  • Logo Similarity: The competitor's name is different, but visual elements and colors of the logo are almost identical to your brand.
  • Bad Faith Registration: A former partner attempts to register the company brand under their own name.

Georgian Legal Framework

The procedure is regulated by the Law of Georgia on Trademarks and the Regulation of the Chamber of Appeals of Sakpatenti. The law defines relative grounds for refusal (Article 5), such as identity or similarity to an already registered mark, use of a reputable mark, and copyright infringement. The burden of proof lies with the party opposing the registration.

The Process: Stages

The opposition process involves:

  1. Publication: The countdown starts from the day of publication in the bulletin.
  2. Filing: Submitting the opposition to Sakpatenti.
  3. Response: The applicant is given time to respond.
  4. Hearing: Substantive hearing by the board.
  5. Decision: Refusal of registration (fully or partially) or rejection of the opposition.

Why Legal.ge?

Drafting an opposition requires specific knowledge of "similarity assessment criteria." Legal.ge gives you access to experienced patent attorneys with a successful track record in the Chamber of Appeals. Do not let others exploit your reputation.

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