From March 8, 2024, Georgia's Law on Trademarks underwent significant amendments as part of efforts to align with international standards, particularly those set forth by the European Union Intellectual Property Office (EUPO). These revisions, developed in collaboration with the EUPO and Georgia's "EUGIPP" project, aimed to enhance trademark protection mechanisms and bring Georgian legislation in line with EU norms.

Several key changes were introduced affecting various aspects of trademark registration and protection. Notably, the definition of trademarks was broadened, no longer mandating graphical representation. Instead, trademarks must be submitted in a form that clearly identifies the object of protection, facilitating understanding for both authorities and stakeholders.

The amendments introduced absolute and relative grounds for refusing trademark registration. Absolute grounds now include circumstances where a trademark merely represents the shape of goods or provides technical functionality or substantial value. Furthermore, trademarks consisting of a single letter, digit, or color are no longer automatically refused. Additionally, grounds for refusal now encompass symbols resembling surnames.

In terms of relative grounds, applicants may now submit consent from owners of existing trademarks or designs to register similar marks. This provision applies during both substantive examination and appeal stages.

Provisions relating to trademarks containing the names or images of Georgian historical monuments were clarified to include cultural heritage sites and museum names. Consent from the Ministry of Culture and Sport is required for trademarks featuring these elements.

Significant changes were made to the process of recognizing trademarks as well-known or establishing their reputation. Similarity to well-known marks is no longer considered during examination but can be raised during appeals or court proceedings. The Chamber of Appeals' authority has been expanded to handle disputes previously reserved for courts.

Timelines for trademark examination were revised, reducing the formal examination period to one month and formal examination fee payment to 15 calendar days. Applicants may request accelerated examination within three months of notification.

Trademark holders are now permitted to request division of trademarks, and priorities can be established for various goods and services.

Procedures for specifying goods and services lists have been updated for both new and existing trademarks. Holders may amend their lists within five years of the law's enactment without fee, subject to certain conditions.

If you have any inquiries regarding intellectual property matters, please don’t hesitate to contact us at [email protected].