Register a trademark in Georgia (Sakpatenti): what to do under Georgian law

What to do

1. Why register: a sign is protected upon registration with Sakpatenti (საქპატენტი) or under an international agreement (Law of Georgia on Trademarks, Art. 3). The exclusive right arises from the date of registration (Art. 6). A sole proprietorship or LLC does not create a trademark. The applicant is a natural or legal person (Art. 2).
2. Before filing: search the Sakpatenti database. Registration is refused where the sign is similar to an earlier third-party sign for identical goods (Art. 5), and a descriptive designation is refused (Art. 4). A word mark and a logo can be filed separately or together. Nice Classification classes should reflect the actual goods and services.
3. Fees: the amounts of the fees are set by a Government resolution, not in the law itself (Law of Georgia on Trademarks, Art. 22). The tariff is on the Sakpatenti website and depends on the number of classes. Priority is set by the filing date, if the fee for formal examination is paid within 15 calendar days (Art. 11).
4. Timelines: formal examination takes 1 month (Art. 13). Substantive examination takes 6 months after the formal examination (Art. 14). After publication in the bulletin, third parties may challenge the registration before the Appeals Chamber within 3 months (Art. 16). Accelerated examination is faster: the request is made within 3 months of filing, and the check takes 7 working days (Art. 15¹). A refusal is appealed to the Appeals Chamber within 3 months (Art. 16), and then to court.
5. After registration: the term is 10 years from registration, renewable for 10 years in the last year (Art. 20). A 6-month grace period follows expiry, after which the registration is cancelled without restoration (Art. 20). Non-use for 5 consecutive years leads to cancellation by the court on a third party's claim (Art. 27).
6. Export: an international application under the Madrid Protocol is filed through Sakpatenti (Art. 39). Foreigners usually file through a representative holding a power of attorney.
7. Where to apply: Sakpatenti (საქპატენტი), then the Appeals Chamber (სააპელაციო პალატა), then the court.
8. Evidence: image of the sign, list of goods by class, applicant details, power of attorney, proof of fee payment.
9. Pitfalls: registering a sole proprietorship or company name does not give rights to a sign. A descriptive name (“Tbilisi Coffee”) will be refused. Without renewal, the registration is cancelled without restoration.

Be sure to check

• the exclusive right arises only from registration with Sakpatenti; a sole proprietorship or LLC does not create a sign
• searching and choosing classes; grounds for refusal (descriptiveness, similarity to another's sign)
• stages and timelines of examination, the accelerated procedure, publication and challenge
• fees set by Government resolution, with no invented sums
• term of validity and renewal; the Madrid system