Trademark Registration in Georgia is very mandatory and important to save your logo, names, etc. Georgia is a member state of the Madrid Protocol. In Georgia, to get rights over a trademark, it is mandatory to get a trademark registration. Also, getting an international trademark registration is easy for this country via the Madrid System. Trademark registration in Georgia grants permission in South Ossetia. Some of the territories in Georgia are disputed and trademark registration owners face difficulties enforcing their rights.
Introduction to Trademark Registration in Georgia
If you register a mixed trademark in Georgia, the independent right to use the trademark will be restricted. Also, in the exact form in which it was filed and registered. If you wish to use the word part of your trademark individually from the logo, it is suggested you register for another trademark. That will also include only the word element and preserve it independently.
But, if a third party ultimately aims to register or use a trademark for similar goods or services that involves a primary part of your trademark. You will have the right to oppose the application based on the usage of a similar trademark, you can also take legal actions against them if they deny your application.
In Georgia, opposition actions may be filed by third parties against a local trademark application within three months after the publication of the application in the Official Bulletin of the Industrial Property. The probabilities of success for an opposition will vary in each case depending on the circumstances.
To register a trademark, it’s not necessary that it has to be in use but keep in mind that it should not go unused for more than five years, else, cancellation actions to that trademark will be taken based on lack of usage of the trademark. Lack of use of any registered trademark of more than five years can be justified only with valid and important repercussions that too in few cases.
Also see: What is the difference between Trademarks and Service Marks?
Benefits of Trademark Registration in Georgia
- Even after having tight security and some legal protection against your unregistered trademark whilst sale of goods and services, may have some risk that someone might infringe your creation or brand, proof of registration will always make you work carefree.
- If your trademark will be unregistered and you accidentally found infringing someone else’s trademark, you will be immediately sued by the owner of that trademark and you could be asked with really high fees and fines to reimburse the loss. So, by registering your trademark you will be ensured that your trademark is unique and you are at absolutely zero risks.
- Registering your trademark ensures that other companies and owners are not having trademarks similar to you and you can easily cope with things with your marketing and other business-related deals to operate.
- If someone is copying your unregistered trademark, then you cannot take any legal action against them as your trademark is not registered but if it does you can easily take actions against anyone who infringes your creation.
- Trademark registration also adds the prestige of your company and more people will want to work with you.
- If you want your business to expand to the world, with a registered trademark you can easily apply for a foreign trademark but with an unregistered trademark, you could find difficulty getting it.
What Symbols can be trademarked?
- Words or combinations of words that identify one or more persons.
- Images, symbols, graphics, or figures.
- Letters or numbers, either alone or combined.
- Three-dimensional shapes such as packaging, wrapping, or product presentation.
- Any combination of the above mentioned.
Important points for trademark registration in Georgia
- Trademark fees
The cost for trademark registration is depending on the types you pick up. Fees associated with applying for registering a trademark with other trademark fees in Georgia is mentioned from where you get it done.
- Multiple-class applications
In Georgia, you can apply for multiple-class trademark applications very easily.
- Minimum filing requirements for a trademark in Georgia
To obtain a filing date, it is necessary to provide the Georgian Patent Office with the request to register a trademark, representation and usage of the trademark, brief and clear information about the applicant(s), list of goods and services for which the registration is sought in any language.
- Power of Attorney
In Georgia, non-legalized Power of Attorney must be submitted within one month from the filing of the trademark application.
- Priority and proper documents
If the priority is claimed by the applicant, the certified document confirming the priority rights from the Patent Office must be submitted within three months of the filing date otherwise the application will be expired and you will have to repeat all the process to apply for it.
- Opposition period
The period for filing oppositions against the trademark application in Georgia is three months from the date of when the application is being published.
- Provisional Refusal
The time limit for filing of the response to the provisional refusal of an international registration in Georgia is 3 months from the date the provisional refusal is published in the WIPO Gazette. The response must be submitted in the Georgian language, and it is necessary to appoint a local representative to do the things properly. The Office only provides for filing of a response to the provisional refusal, no appeals or revisions are allowed.
- Use requirement
The trademark registration in Georgia can cancel by the court at the request of a third party if the trademark has not been used continuously for five years after its registration. So, make sure there is no lack of usage of the registered trademark.
- Representation by a trademark attorney
It is necessary for the foreigners to perform a trademark prosecution in Georgia through an agent, a registered Georgian trademark attorney for safety purposes, and to ensure that everything goes well without any hindrance amid the procedure.
- Different types of classes for trademark registration in Georgia
All single goods or services can be categorized into one of the 45 classes. From 1-34 classes are goods category, 35-45 classes are services category. You can do trademark registration in Georgia based on these trademark classes category.
Class 1: Chemical Products
Class 2: Paint Products
Class 3: Cosmetics and Cleaning Products
Class 4: Lubricant and Fuel Products
Class 5: Pharmaceutical Products
Class 6: Metal Products
Class 7: Machinery Products
Class 8: Hand Tool Products
Class 9: Computer, Software Products, Electrical and Scientific Products
Class 10: Medical Instrument Products
Class 11: Environmental Control Instrument Products such as lighting, heating, cooling, cooking, etc.
Class 12: Vehicles and Products for travel by land, air, or water
Class 13: Firearm Products
Class 14: Jewelry Products
Class 15: Musical Instrument Products
Class 16: Paper and Printed Material Products
Class 17: Rubber Products
Class 18: Leather Products (not including clothing)
Class 19: Non-Metallic Building Material Products
Class 20: Furniture Products
Class 21: Houseware and Glass Products
Class 22: Ropes, Cordage, and Fiber Products
Class 23: Yarns and Threads
Class 24: Fabrics and Textile Products
Class 25: Clothing and Apparel Products
Class 26: Lace, Ribbons, Embroidery, and Fancy Goods
Class 27: Floor Covering Products
Class 28: Toys and Sporting Goods Products
Class 29: Meat and Processed Food Products
Class 30: Staple Food Products
Class 31: Natural Agricultural Products
Class 32: Light Beverage Products
Class 33: Wines and Spirits (not including beers)
Class 34: Smoker’s Products Service Classes
Class 35: Advertising, Business, and Retail Services
Class 36: Insurance and Financial Services
Class 37: Construction and Repair Services
Class 38: Communication Services
Class 39: Transportation and Storage Services
Class 40: Treatment and Processing of Materials Services
Class 41: Education and Entertainment Services
Class 42: Computer plus Software Services along with Scientific Services
Class 43: Restaurant and Hotel Services
Class 44: Medical with Beauty Services also Agricultural Services
Class 45: Personal, Legal and Social Services
Steps to register a trademark in Georgia
Step 1: Trademark Search in Georgia
The Trademark search is made prior just to make sure the trademark application you are providing for registration is correct and unique. A searching trademark can be in the kind of words, images, numbers, etc. The report will be given to the candidate that includes an assessment from a lawyer trained in trademark law about the registrability of a trademark and the risk of a fight with trademarks previously registered.
Step 2: Trademark Status Search
Upholding the status of your registration is a great activity to have an update on the process. You will receive the status report for your trademark or you may apply our website to search for yourself. Also, put your trademark into the suitable Trademark class i.e. out 45 categories for you.
Step 3: Trademark Application and Trademark Classification
We prepare the trademark registration application in mainland Georgia. The all-inclusive cost involves our attorney fees and the government fee, thinking no refusal or opposition. Along with choosing trademark classes from 45 categories mentioned above.
Step 4: Application Approval
When the documents are filled and the application is created and submitted we will further give your application to the trademark authority. They will review the trademark application and look towards its uniqueness. The permission or denied procedure takes a few months.
Step 5: Advertising in the Official Gazette
The trademark that is symbols, names, etc are published in the Trademark Official Gazette. A Notice of Publication will be allotted to the applicant listing the publication details.
Step 6: Issue of the Registration Certificate or Notice of Allowance
Once all the issues and oppositions are resolved, the USPTO assigns a Certificate of Registration for use-based applications or a Notice of Allowance for intent-to-use applications.
The validity of Trademark Registration in Georgia
In Georgia, the validity of the registered trademark is for 10 good years from the date of registration and can be renewed for further 10 years. Also, after the date of the expiry of the registered trademark, a grace period of 6 months is being granted amid which the renewal of the trademark is repeatedly requested with an amount of additional late renewal fee.
If you are looking to get your trademark registered in Georgia, get connected with Trademarkcart Now!!
Checking trademark status in Georgia is also available. Our expert will guide from start to end. And to avail of exclusive services of trademark searching Georgia, Get connected to us.
Mail us at [email protected] or call on +1-3024672224.
Do Check:
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