Trademark Registration in Georgia
Trademark registration in Georgia is regulated in detail by the Georgian Law on Trademarks, and the entire process rests on five articles: Article 9 defines what an application must contain and who may file it; Article 12 — how the formal and substantive examination proceeds and what rights the applicant has during it; Article 15-1 offers the fast lane of accelerated registration; Article 17 establishes when the mark is registered and what becomes public; and Article 20 — the ten-year term of registration and the discipline of renewal. This page explains the whole chain together.
The Application and Its Content — Article 9
An application for trademark registration is filed with Sakpatenti by the applicant or his representative, and is completed according to the established rules, in Georgian. A foreign applicant who has neither a permanent residence nor a functioning enterprise on the territory of Georgia conducts relations with Sakpatenti only through a representative registered there — a patent attorney. The application relates to a single trademark and must contain: a request for registration; the applicant's full name and legal address; the image of the mark; and the list of goods for which registration is sought.
The list of goods may be submitted in a foreign language as an annex, but its Georgian translation must be submitted to Sakpatenti within one month of the filing date. Where the application is filed by a representative, his identity and address must be indicated, and the application must be signed. The list of other data and documents necessary for examination, and the conditions of their submission, are determined by Georgian legislation — the formal side of the application must therefore be observed with precision from the outset.
Examination and the Applicant's Rights — Article 12
Sakpatenti carries out a formal-requirements examination and a substantive examination of the application. Sakpatenti may request additional materials, which must be submitted within the period it determines — no more than 2 months; if the deadline is violated, Sakpatenti decides to refuse examination of the application. An application containing two or more designations of goods may, before registration and at the applicant's request, be divided into two or more applications after payment of the fee, and the divided applications retain the filing date of the first application. Conversely, two or more applications for identical marks for different goods may be merged, each retaining its priority date. Information relating to the mark becomes public upon filing.
The applicant holds broad procedural rights: to request suspension of examination at any stage (a total of no more than 3 months, after payment of the fee); to examine the materials used in the examination and request copies; to supplement, amend or specify the materials before priority is established — and afterwards only against a fee and no later than registration, where a change of the mark may only be insignificant and a change of the goods list only a limitation or specification; to withdraw the application before registration; and to restore suspended proceedings. The detailed procedural rules are set by the instruction issued by the chairperson of Sakpatenti.
The Accelerated Track — Article 15-1
The law also offers an accelerated registration procedure: accelerated examination may be requested at filing or at any time afterwards, but no later than 3 months from receipt of the notice that the application has been accepted for examination. The request must be accompanied by all documents defined in Article 9 and the fees for accelerated examination and registration must be paid; where priority is claimed, the confirming document and the priority fee are added.
The deadlines here are sharply compressed: within 3 days of the request Sakpatenti checks the application's compliance; a missing document must be submitted within 15 days, otherwise the request is refused and the application proceeds under the ordinary rules. Where the request is satisfied, Sakpatenti checks the grounds for refusal within 7 working days and, on a positive decision, registers the mark in the register, publishes the data in the bulletin and issues a certificate. Within 3 months of publication in the bulletin any interested person may file a complaint with the appellate chamber seeking cancellation; and if an application with an earlier priority later arrives, Sakpatenti decides to cancel the accelerated registration.
Registration, Register and Term — Articles 17 and 20
If no appeal is filed within the set term or the chamber upholds registration, Sakpatenti registers the mark in the register and publishes the data in the bulletin. The register contains the image of the mark, information on the owner, the priority and registration dates, and the list of goods grouped according to the international classifier; any interested person may examine the register and request a certified extract. Registration is valid for 10 years from the registration date and may be renewed for each subsequent 10-year period without limitation on the number of renewals: the application and fee are processed during the final year of the current term, or, if missed, the fee may be paid within 6 months of expiry; beyond that window the registration is void from the date of expiry, without a right of restoration. Where registration was cancelled at the owner's request, restoration is impermissible.
Frequently Asked Questions
Below we answer the questions most frequently raised about trademark registration.
Can a foreigner file the application personally?
No — a foreign applicant with neither permanent residence nor a functioning enterprise in Georgia acts before Sakpatenti only through a registered patent attorney.
How fast is accelerated registration?
Sakpatenti checks the request's compliance within 3 days and the grounds for refusal within 7 working days; on a positive decision the mark is registered in the register and the data published in the bulletin.
Can one application be divided?
Yes — before registration, at the applicant's request and after payment of the fee, into two or more applications without overlapping goods lists, each retaining the first application's filing date.
How long does registration last?
10 years from the registration date, renewable for each subsequent 10-year period indefinitely, if the application and fee are processed in the final year — or within 6 months after expiry.
How We Help on Legal.ge
Trademark registration begins with a correctly drafted application and ends with the strict observance of deadlines. The specialists at Legal.ge will help you draft the application and shape the goods list, assess decisions taken in examination and, where needed, engage the accelerated procedure under Article 15-1. Contact us through the Legal.ge form.