03-01-2011 (Newsletter Issue 4/11)
Translation of Nice Classification (9th)
The Georgian National Intellectual Property Center (SAKPATENTI) has published the official Georgian translation of the Ninth Edition of the International Classification of Goods and Services under the Nice Agreement.
The Georgian translation is available in print at SAKPATENTI and it contains 45 classes and 11,600 names of goods translated into Georgian.
Source: PETOŠEVIĆ, Macedonia
02-01-2011 (Newsletter Issue 2/11)
Address of Trademark Office Changed
The National Intellectual Property Center (Sakpatenti)" changed its address:
Shota Rustaveli Ave. № 30
0108 Tbilisi, Georgia
Hotline telephones are the same:
+ 995 91-71-80
+ 995 91-71-83
Receiving of information is possible under question-answer regime and via e-mail: email@example.com
Legal basis is the Trademark Act of February 4th, 1999, in force since May 24th, 1999.
Georgia is a member of the Madrid Protocol.
Trademark protection is obtained by registration.
Trademarks which were protected in the former Soviet Union are protected in Georgia only, if they were transcribed within the period stipulated.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, combinations or shades of colours, threedimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks and collective marks.
The application is filed at the Patent Office (Sakpatenty).
Multiple-class applications are possible.
Foreign applicants do not need a local agent, provided that the trademark application is submitted in the Georgian language, but it is recommended to file through a local agent in order to avoid negative consequences.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration is approx. 12 months. The first office action is taken after approx. 2 months.
An accelerated procedure of examination for the trademark application can be requested with filing of the trademark application or within 1 month from this date. The procedure takes 10 business days then.
Within 1 month from the favourable decision about granting the trademark, it is published in the Official Bulletin. It is registered at the end of the opposition period, if no opposition has been filed or the opposition has been rejected.
The opposition period is 3 months from publication date of the application.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of a trademark.
If the trademark has not been used within 5 years from registration or has later not been used for 5 consecutive years, it may be subject to cancellation.
The official fee is approx. EUR 123.00 for one class, approx. EUR 25.00 for each additional class and approx. EUR 50.00 for the publication. For the registration and maintenance within the first 10 years, an official fee of approx. EUR 172.00 is charged.
Trademark Licence Agreement
In Georgia a trademark licence agreement has to be in writing. Licensing of trademarks is possible after their registration and when they are pending. A trademark can be licensed for either all or some of the goods or services in respect of which the mark is registered. There are exclusive and simple licences in Georgia. If the character of the licence is not specified in the contract the licence shall be considered simple, in which case the licensor may use the trademark himself or enter into further licence contracts. An exclusive licence prohibits the licensor from entering into another licence contract and from using the trademark, unless otherwise provided for in the contract. The rights granted in terms of an exclusive licence shall remain in force throughout the term of validity of the trademark registration, unless otherwise provided in the contract. The sale of a registered trademark does not automatically terminate the licence, but the proprietor should notify a licensee about the assignment.
There are statutory provisions prescribing the terms of licensing. The licence agreement should specify that the quality of goods or services rendered by a registered user should be the same or at least not inferior to the quality of the goods
or services produced or rendered by the proprietor and that the licensor will exercise control over the fulfilment of these conditions.
There are provisions in law for the recordal of a licensee. The recordal of a licence is not mandatory, but a licence becomes effective and enforceable against third parties only after its entry in the Register. There is no time frame for a recordal. A licence agreement must be in writing. There is no standard content but the licence agreement shall contain the nature of the licence, the territory in which the rights will be exercised and the period of validity of the licence. If the licence agreement is signed by a representative of a proprietor and/or a user, a power of attorney from both parties is required.
Since registration is not mandatory a licence agreement becomes effective as from the date of signature but it is enforceable against third parties only after registration in the Register. Registered licences are published in the Official Bulletin of Industrial Property of the Georgian Patent Office.
There is an evidentiary presumption that use of a recorded licensee is permitted use. In the case of infringement of trademark rights, the licensee (exclusive as well as simple) can bring an action only with the consent of the trademark holder. The licensee is entitled, with a view to compensation for damages, to participate in court proceedings for trademark infringement or purposes of obtaining compensation for damages
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
|Word Mark Search (availability)
|Word Mark Search (identical)
|Extended Search (word mark, company name, domain)
|Device Mark Search (availability)
|Trademark Owner Search
|Company Name Search
|Domain Name Search (extended)
|i-Search (word mark availability + legal opinion)
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We would like to thank the following law firms for their assistance in updating the information provided:
Gvaramadze Patent Bureau, Tbilisi, Georgia
Khatuna Imnadze, Tbilisi, Georgia
IPR Group, Kiev, Ukraine
Khatuna Imnadze, Tbilisi, Georgia