Are you a business owner in Georgia looking to protect your brand? Trademark registration in Georgia is one of the most important steps you can take to safeguard your business identity. This comprehensive guide will walk you through everything you need to know about registering a trademark in Georgia, from the basics to the detailed process.
What is a Trademark in Georgia?
A trademark in Georgia is any sign or combination of signs that can be represented graphically and helps distinguish your goods or services from those of other businesses. Think of it as your brand’s unique fingerprint in the marketplace.
Your trademark can be:
- Words or company names (like “Coca-Cola”)
- Personal names
- Letters and numbers
- Sounds (like the McDonald’s jingle)
- Designs and logos
- Three-dimensional shapes
- Colors or color combinations
- Product packaging shapes
For example, if you run a bakery called “Golden Bread,” you can register this name as a trademark to prevent other bakeries from using the same or similar name.
Who Can Apply for Trademark Registration in Georgia?
Both Georgian citizens and foreign individuals or companies can register trademarks in Georgia.
However, if you’re a foreign applicant without a permanent residence or business in Georgia, you must work through a registered patent attorney to handle your application with Sakpatenti (National Intellectual Property Center of Georgia).
What Cannot Be Registered as a Trademark?
Not everything can become a trademark. Georgia’s law prohibits registration of signs that:
1. Lack Distinctive Character:
- Generic terms (you can’t trademark “bread” for a bakery)
- Common descriptions of goods (like “sweet” for candy)
- Terms widely used in business for certain products
2. Offensive or Misleading Content:
- Signs that offend national dignity or religious feelings
- Marks that could deceive consumers about product quality or origin
- Content contrary to moral standards
3.Protected Symbols:
- Government emblems, flags, or official symbols
- International organization emblems
- Historical territorial names of Georgia without permission
4. Existing Rights:
- Identical or similar to already registered trademarks
- Similar to well-known trademarks (even for different products)
- Names or images of famous people without consent.
Requirements for Trademark Registration in Georgia
Before filing, it’s important to ensure you meet all the eligibility criteria. Here are the main requirements:
1. Conduct a Trademark Search (Optional but Recommended)
Before filing, conduct a search to ensure your trademark is not identical or confusingly similar to existing registered marks.
- Use Sakpatenti’s online trademark database.
- This reduces the risk of refusal or legal disputes.
2. The Mark Must Be in Use
Your trademark must already be in use in commerce in Georgia. This means:
- Goods must already be offered for sale or distributed in the state.
- Services must already be rendered to the public in Georgia.
- Future offerings or mere advertisements are not acceptable proof of use.
Step-by-Step Trademark Registration Process in Georgia
1. Filing the Application
- Who can file? An applicant or their representative (must be a registered patent attorney if the applicant is foreign and not based in Georgia).
- Language: Application must be in Georgian.
- Filing Method: The applicant may file their trademark or service mark filings:
- Online on official website’s Online Services or
- by submitting completed application forms to the Corporations Division. The forms are in Adobe Acrobat .pdf format, which require the Adobe Acrobat reader in order to view, fill, or print these forms.
- Content Requirements:
- Request for registration.
- Applicant’s full name and legal address.
- An image of the trademark.
- List of goods/services (can be in a foreign language but must be translated within one month).
- Representative’s details, if applicable.
- Signature of the applicant or representative.
- A list of other data and documents necessary for the examination of applications.
Note: Only one trademark per application.
2. Filing Date
- The official filing date is the date when Sakpatenti receives an application that meets language and content requirements.
3. Priority
- Standard Priority: Based on filing date if the examination fee is paid within one month.
- Convention Priority: The date of filing the first application in a state that is a party to the Paris Convention, within six months of date of filing the application with the Sakpatenti.
- Exhibition Priority: If the trademark was displayed at a official international exhibition, application must be filed within six months.
- Conditions for Claiming convention or exhibition priorities:
- Applicant must Notify Sakpatenti within one month of filing.
- Submit supporting documents within three months.
- Pay the relevant fee within one month.
4. Examination Process
a. Formal Examination
- Conducted within two months.
- Ensures application meets formal requirements.
- Establishes filing date and issues official acknowledgment.
- Application may be rejected if fees aren’t paid or if content doesn’t meet requirements.
b. Substantive Examination
- Conducted within six months of formal examination.
- Evaluates if the trademark can be registered (e.g., checks distinctiveness, conflicts).
- May result in full or partial acceptance/refusal.
- Applicant Rights During Examination:
- Suspend examination (max 3 months).
- Access examination documents.
- Amend/correct application before priority is established (limited changes allowed afterward).
- Withdraw application before registration.
5. Publication
- If approved, the trademark is published in the Official Industrial Property Bulletin within one month.
- Includes: trademark image, applicant details, goods/services list, and priority date.
6. Appeals
- Decisions can be appealed to the Chamber of Appeals:
- Formal examination refusals: within 3 months.
- Substantive refusals (in whole or part): within 3 months.
- Third parties can oppose the decision within 3 months after publication.
- Chamber decisions can be appealed in court.
7. Registration
- Trademark is registered if:
- No opposition is filed within 3 months after publication, or
- Chamber of Appeals upholds the decision to register.
- Registration includes: trademark representation, owner details, goods/services list, priority/registration date.
8. Trademark Certificate
- Issued after registration.
- Confirms:
- Trademark registration.
- Priority date.
- Exclusive rights of the holder.
- Duration of protection.
9. Amendments to Registration
- Changes (e.g., name/address) can be made upon request.
- Expanding the list of goods/services is not allowed.
- Amendments are published and reflected in the certificate.
10. Validity and Renewal
- Trademark registration is valid for 10 years from the registration date.
- Renewable indefinitely for 10-year periods upon request and payment of fees.
Also Read: How to Register a Trademark in Dubai?
How Long Does Trademark Registration Take?
In Georgia, the trademark registration process varies depending on whether you’re filing at the state or federal level (the United States Patent and Trademark Office, USPTO).
If you’re registering a trademark with the Georgia Secretary of State, the process typically involves submitting an application and meeting statutory requirements. If approved, you’ll receive a certificate of registration.
For federal trademark registration through the USPTO, the process can take several months to over a year, depending on factors like application complexity and potential objections
Here’s the timeline breakdown:
- Formal examination: 2 months
- Substantive examination: within 6 months
- Decision & Publication: 1 month
- Opposition period: Within 3 months from the publication date.
- Registration: If no opposition is filed, or after a favorable decision on appeal, Sakpatenti registers the trademark and issues a trademark certificate.
Required Documents for Georgia Trademark Application
Here’s a checklist of documents and items you need to submit with your trademark application:
1. Application Form
- Must be typed or printed in black or blue ink.
- Include detailed and accurate information.
- Ensure that all relevant items (1–10) are correctly filled out.
2. Specimens (Proof of Use)
- Submit three (3) specimens showing current use of the mark.
- For trademarks: Tags, labels, or packaging used on goods.
- For service marks: Advertisements (newspaper ads, flyers, brochures, etc.).
- Photographs can be submitted if the actual specimen is bulky or valuable (e.g., t-shirts, jewelry).
Specimens are not returned, so keep copies for your records.
3. Drawing Page
- Submit a clear drawing or depiction of your mark on an 8 ½ x 11 white sheet of paper should accompany the application.
- A drawing should not show additional words or designs that are not part of the mark.
Key Details to Include in Registration Application
Applicant Information
- Enter the full legal name of the applicant (individual or entity).
- Provide a principal business address and mailing address if different.
- If the applicant is a corporation or LLC, mention the state of formation.
Description of the Mark
- Provide a concise description of the mark.
- Clearly describe both words and designs, if applicable.
- Non-English words must be translated to English.
Goods/Services Description
- State the specific goods or services associated with the mark.
- Include only those that are currently in use.
Class Number
- Identify the classification of goods or services based on the state’s predefined classes (listed below).
- Only one class per application is allowed. For multiple classes, file separate applications.
Trademark Classifications in Georgia
Goods (Examples)
- Class 13: Hardware and plumbing
- Class 39: Clothing
- Class 46: Foods and ingredients of foods
- Class 51: Cosmetics and toilet preparations
Services (Examples)
- Class 2: Advertising and business
- Class 4: Construction and repair
- Class 5: Communication
- Class 8: Education and entertainment
For a full list of classification codes, refer to the detailed list provided by the Georgia Secretary of State’s Office.
Fees for Trademark Registration in Georgia
- Filing Fee: $15.00 per application
- Payment Method: Cheque or money order made payable to the Secretary of State
- Non-refundable: Filing fees are not returned even if your application is denied.
Your Rights as a Trademark Owner
Once registered, you have exclusive rights to:
- Use the trademark for your registered goods/services
- Prevent others from using identical or confusingly similar marks
- Stop unauthorized use in advertising and business documents
- Control import/export of goods bearing your trademark
- License your trademark to others.
Trademark Protection Duration and Renewal
- A trademark or service mark (“mark”) registration in Georgia may be renewed by submitting a completed renewal application to the Secretary of State during the last 6 months of the mark’s 10-year registration period.
- Renewal applications must be submitted prior to the mark’s expiration date. A mark registration expires if it is not renewed by its expiration date. There is no grace period. An expired mark registration may not be renewed or reinstated.
- There is a $15 fee to file a renewal application. Fees are non-refundable and non-transferable.
Common Mistakes to Avoid
- Choosing a weak trademark: Avoid generic or descriptive terms
- Not conducting proper searches: Check for existing similar trademarks first
- Missing deadlines: Pay fees and respond to official communications on time
- Inadequate goods/services description: Be specific about what you’re protecting
- Forgetting renewal: Mark your calendar for renewal deadlines
Conclusion
Trademark registration in Georgia provides robust protection for your brand and business identity. While the process may seem complex, following the proper steps and understanding the requirements will help ensure successful registration. Remember, a trademark is an investment in your business’s future – it’s worth doing it right.
Start your trademark journey today by conducting preliminary searches and preparing your application. Your brand deserves protection, and Georgia’s trademark system is designed to provide it effectively and fairly.
