Trademarks Law in Georgia

Hereโ€™s an overview of Trademark Law in Georgia:

๐Ÿ“˜ Legal Framework in Georgia

1. Primary Legislation

Law on Trademarks and Geographical Indications of Georgia (2010)
This law regulates the registration, protection, and enforcement of trademarks in Georgia.

The law aligns with international standards, including WIPO and EU practices.

๐Ÿ›ก๏ธ Trademark Protection

What Can Be Registered?

Words, names, letters, numerals

Logos, symbols, designs

3D shapes, colors, sounds (if distinctive)

Slogans or combinations thereof

Marks must be:

Distinctive

Not generic or descriptive (unless acquired distinctiveness)

Not misleading or against public order/morality

โš–๏ธ Rights Granted

Trademark owners obtain:

Exclusive rights to use the mark for the registered goods/services

Rights to prevent unauthorized use, counterfeiting, or imitation

Rights to license, assign, or pledge the trademark

๐Ÿ•’ Duration of Protection

Initial registration term: 10 years from filing date

Renewable indefinitely for further 10-year periods

Renewal requires payment of fees and proof of use

๐ŸŒ International Treaties

Georgia is a member of:

Paris Convention

Madrid Protocol (joined in 2013) โ€” allowing international trademark registration

WTO and TRIPS Agreement

Nice Classification system

๐Ÿ›๏ธ Administration

Trademark registration is handled by the National Intellectual Property Center of Georgia (Sakpatenti)

Applications are examined for formalities and substantive grounds.

There is a publication period and a chance for opposition.

๐Ÿ“Œ Enforcement

Trademark infringement cases can be brought before Georgian courts.

Remedies include injunctions, damages, and destruction of infringing goods.

Customs authorities assist in preventing counterfeit imports.

Additional Notes

Non-use of a trademark for 3 consecutive years may result in cancellation.

Well-known trademarks receive enhanced protection.

Collective and certification marks are recognized.

 

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