Trademarks in Georgia

Competent Authority & System

Official Authority: National Intellectual Property Center of Georgia (SAKPATENTI) / საქპატენტი.

Official Language: Georgian.

System: National IP system.

International Treaties

Madrid System: Member of both the Madrid Agreement and the Madrid Protocol. Georgia can be designated in international registrations via WIPO.

Paris Convention: Member state; convention priority can be claimed within 6 months from the initial priority filing date.

Applicant & Representation Requirements

Entitlement: Both natural persons and legal entities (domestic or foreign) are eligible to apply.

Representation for Foreign Applicants: Non-resident natural or legal persons without a domicile or real place of business in Georgia must be represented by a registered local Georgian patent/representative.

Power of Attorney (POA): Required. A simple signed POA is accepted; notarization or Legalization/Apostille is not required. The POA can be submitted late within 1 month from the application filing date.

Online Services & Database

E-Filing: E-filing is fully operational through Sakpatenti's electronic application platform. Sakpatenti applies a 20% discount on official fees for applications submitted via the e-filing system.

Free Trademark Search Database: Public trademark registers and search tools are accessible via the Sakpatenti online portal and indexed through WIPO’s Global Brand Database.

Registrable Mark Types

Types: Words, figurative signs, combined logos, 3D shapes/packaging, color combinations, sounds, and other signs capable of distinguishing goods or services.

Foreign Characters & Translation: Applications are filed in Georgian. If a mark contains non-Georgian words or non-Georgian script (e.g., Latin, Cyrillic), a transliteration into the Georgian alphabet and a translation into Georgian must be provided within 2 months from filing.

Classification Framework

Nice Classification: Uses the active edition of the Nice Classification.

Multi-class Filings: Permitted under a single application.

Class Headings: Accepted, provided the designated goods and services are clear and sufficiently precise.

Examination Process

Examination Scope:

Formal Examination: Conducted within 1 to 2 months from the filing date.

Substantive Examination: Conducted within 6 months after formal examination. Sakpatenti evaluates both absolute grounds (distinctiveness, descriptiveness, public policy) and relative grounds (ex officio search for prior identical or confusingly similar conflicting marks).

Office Action Deadlines: Response to formal deficiency notices or provisional refusals is typically required within 2 months from official notification.

Publication & Opposition

Opposition Window: 3 months starting from the publication date of the application data in the official IP Bulletin. Oppositions are submitted to the Chamber of Appeals at Sakpatenti.

Standing: Owners of earlier registered trademarks, pending applications with earlier priority, trade names, or well-known marks under Article 6bis of the Paris Convention.

Timeline & Expedited Examination

Average Timeframe: Approximately 11 to 14 months for standard registration without office actions or third-party oppositions.

Accelerated Examination: Sakpatenti offers an official accelerated examination procedure. Upon payment of an official urgency fee, the entire examination process can be completed in as little as 10 working days.

Official Fees

Official statutory fees at Sakpatenti are designated in USD (or paid in GEL at the applicable rate), with a 20% discount applied to all online filings:

Formal Examination Fee (1st Class): $90 ($72 e-filed).

Formal Examination Fee - Additional Class: $50 ($40 e-filed) per class.

Substantive Examination Fee: $120 ($96 e-filed).

Publication Fee: $60 ($48 e-filed).

Registration & Certificate Issuance Fee: $150 ($120 e-filed).

Total 1-Class Filing to Grant Cost: $420 paper / ~$336 e-filed.

Standard Renewal Fee (10 Years - 1st Class): $300 ($240 e-filed) + $50 per additional class.

Duration & Renewal

Validity Period: 10 years calculated from the filing date.

Renewal Duration: Renewable indefinitely for consecutive 10-year terms. Renewal applications can be filed within the final 12 months prior to expiration.

Grace Period: A 6-month grace period post-expiration is allowed for late renewal, subject to an official late surcharge.

Use Requirements & Priority System

Priority System: First-to-file system.

Non-Use Cancellation: A registered trademark becomes subject to revocation/cancellation on non-use grounds if it is not put to genuine commercial use in Georgia for a continuous period of 5 years preceding the cancellation claim.

Declaration of Use: No periodic maintenance declarations or affidavits of use are required during routine renewals.

Post-Registration Transactions

Recordals: Rights assignments, licensing agreements, pledges, and changes of corporate name/address must be officially registered with Sakpatenti to be legally enforceable against third parties.

Legal Remedies & Enforcement

Cancellation & Invalidity: Non-use revocation claims are brought before the competent judicial court in Georgia. Absolute and relative invalidity claims can be brought before the Chamber of Appeals at Sakpatenti or the court.

Customs Enforcement: Brand owners can file applications for customs recordal with the Revenue Service of Georgia (Tax & Customs Authority) to suspend counterfeit or infringing goods at the border.

Country-Specific Risks & Practical Insights

20% E-Filing Discount: All official Sakpatenti statutory fees are reduced by 20% when filed electronically via Sakpatenti's e-portal, significantly reducing the total registration cost.

10-Day Fast-Track Route: Georgia provides one of the fastest accelerated examination tracks in the world (10 working days), making it an excellent jurisdiction for quick brand enforcement or launching urgent marketing campaigns.

POA Delivery Window: The simple signed POA must be submitted within 1 month of filing to avoid administrative rejection.

Georgian Script Protection: While Latin script word marks are fully enforceable, registering a Georgian script transliteration alongside the Latin mark prevents third parties from registering phonetically identical local script versions.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.