Order N05 of the Chairman of Legal Entity of Public Law
National Intellectual Property Center of Georgia Sakpatenti
August 19, 2014, Tbilisi
On Approving of the Instruction “On
the Procedures Related with Filing a Trademark Application and Registration”
In accordance with Article 81 of the “Patent Law
of Georgia” and Article 12(6) of the “Trademark Law” of Georgia:
Article 1
1.
The
attached Instruction “On Procedures Related with Filing a Trademark Application
and Registration” shall be approved (Annex №1).
2.
The
application form shall be approved (Annex №2).
3.
The
effect of the Instruction shall apply to the trademarks registered and
applications filed for registration before publication of the Instruction.
Article 2
The
Order shall enter into force after its publication.
Nikoloz Gogilidze
Chairman
LEPL National Intellectual Property Center of Georgia
(Annex №1)
Instruction “On Procedures Related with Filing a Trademark
Application and Registration”
Chapter I
General Provisions
Article 1. Field of Regulation of the Instruction
The
present Instruction is developed in accordance with the “Trademark Law” of
Georgia and defines the rules of application drafting and filing, examination,
appealing against a decision of examination, suspension, extention and reinstatement
of the procedural terms on trademarks, service marks and collective marks as
well as other rules related to the trademark registration.
Article 2. Definition of Terms
Terms
used in the Instruction shall have the following meaning:
a) Law
- the “Trademark Law” of Georgia;
b) National
Intellectual Property Center of Georgia Sakpatenti - (hereinafter referred to
as Sakpatenti) - Legal Entity of Public Law defined by Article 2(a) of the
“Patent Law of Georgia”;
c) World
Intellectual Property Organization (hereinafter referred to as WIPO)
d) Paris
Convention - the Paris Convention for the Protection of Industrial Property of
March 20, 1883 (as revised in Stockholm on July 14, 1967, and as amended on
September 28, 1979);
e) Madrid
Protocol - the Protocol Relating to the Madrid Agreement Concerning the
International Registration of Marks, signed on June 27, 1989;
f) International
Classification - the International Classification established by the Nice
Agreement Concerning the International Classification of Goods and Services,
adopted and signed on June 15, 1957, (as revised in Stockholm on July 14, 1967
and in Geneva on May 13, 1977);
g) List
of goods – the list of goods and/or services, submitted in accordance with the
International Classification for the purpose of trademark registration,;
h) Goods
– goods and/or services;
i) Certificate
– the document, issued in accordance with this Law in the name of the trademark
holder, certifying his/her exclusive rights;
j) Application
–a set of documents, necessary for issuing a certificate, drawn up in
accordance with the requirements prescribed by this instruction;
k) Applicant
– a natural person or legal entity applying for a certificate;
l) Priority
– a
preference that is given to an application as compared with one that has been
submitted later.
m) Convention
priority – the priority established under Article 4 of the Paris Convention;
n) Exhibition
priority – the priority established under Article 11 of the Paris Convention;
o) Patent
attorney – a natural person registered in the Register of Patent Attorneys of
Sakpatenti, who is engaged in activity in the intellectual property field
according to the legislation.
p) Chamber
of Appeals – the body defined by Article 9 of the “Patent Law of Georgia”;
q) Feature
of a trademark not qualifying for protection – a part of a trademark to which
the exclusive rights of the holder do not apply;
r) Code
– Three-digit number code approved by the standard of the WIPO St. 60, for
identification of data;
s) Country
code – Two-digit code approved by the WIPO Standard St.3, corresponding to the
names of countries, intergovernmental and other organizations;
t) International
Bureau - International Bureau of the WIPO;
u) International
application – an application filed for international registration under the
Article 3 of the Madrid Protocol;
v) Bulletin
– Official Bulletin of Industrial Property;
w) Register
– Register of Trademarks;
x) Gazette
of the International Bureau – the gazette of the International Bureau of the
WIPO (WIPO Gazette);
y) WIPO
Digital Access System “DAS” (hereinafter referred to as “DAS”) – the electronic
system of WIPO, allowing participating IP offices securely exchange priority
documents of an application under the Paris Convention through the electronic
system;
z) Madrid eFiling – electronic interface of the WIPO Madrid System for international applications.
Order № 5 of the Chairman of Legal
Entity of Public Law - National Intellectual Property Center of Georgia
Sakpatenti of September 13, 2021 – website, 14.09.2021.
Chapter II
Application Form and Rule of its Filing
Article 3. Filing an Application
1. An application shall be filed with
Sakpatenti on paper or using Sakpatenti electronic filing system of
intellectual property subject-matters (hereinafter referred to as the
electronic system) - https://online.sakpatenti.gov.ge/.
2. In
case of filing an application on paper, the request shall be submitted on the special form of
request, approved by the Chairman of Sakpatenti (hereinafter – form) and according
to the rule prescribed by this Article, and in case of filing using
the electronic system, application materials shall be filed using Sakpatenti
electronic filing system of intellectual property subject-matters.
3. In
case of filing an application with Sakpatenti on paper, documents of all types
within the proceedings shall be sent to the applicant on paper.
4. In case of filing an application with
Sakpatenti using the electronic system, documents of all types within the
proceedings shall be sent to the applicant through Sakpatenti electronic system
and shall be deemed as delivered as soon as it is reflected in the system. From
this moment the computation of periods stipulated by the legislation for all
relevant subsequent actions shall start.
5. After
electronic filing of an application with Sakpatenti, if the applicant requests
continuation of proceedings on paper, from the day of such a request the
reduction on fees related with electronic proceedings provided for by the
legislation shall no longer apply to the application, if such a reduction
exists.
6. After filing of an application with Sakpatenti
on paper, the applicant may request continuation of proceedings electronically.
In this case the reduction on fees related with electronic proceedings provided
for by the legislation shall not apply to the application, if such a reduction
exists.
7. To
inform additionally, a short text message may be sent to the applicant
concerning the actions related with the application.
8. The
application shall refer to one trademark.
9. In
case of requesting conducting accelerated examination of the application for
registration of a trademark, the applicant shall tick in the form the
appropriate box by “X”.
10. Boxes
of the form shall be filled out in the following way:
a)
Box 1 of the form contains:
a.a) a request for registration of the submitted symbol as a
trademark, full name and address (legal address) of the applicant (code 731).
If the applicant is a natural person – his/her surname, name, identification
number, full postal address, indicating the index, the name of the country a
citizen of which he/she is or in which he/she has a permanent residence or an
operating enterprise. In case of a legal entity, its legal form, full name,
country (where the legal entity was registered), full postal address,
indicating the index and the identification number;
a.b)
a request to establish priority for which the applicant shall tick the
appropriate box by “X”
for the requested priority;
a.c) country code and filing date (Code 220), which shall be
filled out by Sakpatenti.
b) Box
2 of the form shall be filled out in case of requesting earlier priority.
Namely, in case of requesting the convention priority the first application
number (Code 310), the date of filing first application (Code 320) and the
country or office receiving the first application (Code 330) shall be filled
out. In case of requesting the exhibition priority the date of display at the exhibition
(Code 230) shall be indicated. The international application number and the
priority requested by the international registration shall be indicated if the
applicant requests transformation of a cancelled international registration
into a national application.
c)
Box
3 of the form shall contain the name and surname, identification number and
registration number of the representative/patent attorney, if the application
is filed by a patent attorney (Code 740), and in case of a legal entity, the
full name and identification code.
d)
Box
4 of the form shall contain the address of correspondence (Code 750), the name
and surname of the addressee, the full name in case of a legal entity-,
identification code, as well as the actual address, telephone number and
e-mail. The addressee may be a representative/patent attorney or an applicant.
In the latter case, if the address coincides with the address indicated in Box
1, it shall be repeated in Box 4.
e)
Box
5 of the form shall contain the representation of the sign submitted for
registration (Code 540). The representation of the sign shall be clear and
shall not exceed the size of 6cm x 6cm. If the sign submitted for registration
is three-dimensional, the view of its representation shall be selected so as to
create the best possible idea of it. If the sign submitted for registration is
a sound symbol, the given box shall contain the graphical expression of this
sign (E.g. musical notation).
f)
Box
6 of the form (Code 571) shall contain the verbal description of a trademark,
in case of a verbal sign represented in a foreign language – its
transliteration, transcription and, if possible, its translation, in case of
figurative and three-dimensional signs – the list and description of their
constituent figurative elements.
g)
In
Box 7 of the form the appropriate box corresponding to the type of the sign
submitted for registration shall be ticked.
h)
In
Box 8 of the form (Code 591), the colour or combination of colours representing
the subject of protection shall be indicated.
i)
In
Box 9 of the form, the list of goods and/or services shall be indicated, for
which registration of the submitted sign is requested, with the indication of
the relevant class (Code 511).
j)
In
Box 10 of the form, the appropriate box corresponding to the document accompanying
the application upon filing shall be ticked, and number of copies of each
document and pages in each copy shall be indicated.
11.
The
form shall be signed by the applicant, authorized person or
representative/patent attorney and shall be dated by the date of signature. At
the end of the form the name and surname of the signatory shall be indicated
clearly, otherwise the application shall not be considered as filed with
Sakpatenti.
12.
The rules provided for in Paragraphs 8-10
of this Article shall also apply in case of filing an application using the
electronic system.
Order № 5 of the Chairman of Legal
Entity of Public Law - National Intellectual Property Center of Georgia
Sakpatenti of September 13, 2021 – website, 14.09.2021.
Article 4. Documents Related to the
Application
1. An application shall contain a clear
representation of the sign submitted for registration in printed or electronic
form. If the sign is a sound symbol,
audio recording and the electronic version of its graphical representation
(musical notation) shall be submitted or uploaded in the electronic system.
2. If the list of goods does not fit in
the Box 9 assigned for it (Code 511), it may be submitted upon filing the
application, in the form of an annex. If the list of goods is submitted in a
foreign language, within a month after the application is filed, the list of
goods shall be submitted in the Georgian language as well.
3. The power of attorney on the
authority of a representative/patent attorney shall be submitted to Sakpatenti
upon filing the application or within one month from the filing date. It is
permissible to extend this term for one month, if within one month from the
filing of the application with Sakpatenti, the representative/patent attorney
submits a request for extension of the term and pays the fee prescribed for the
extension of the term.
4. Upon filing the application with
Sakpatenti or within one month from filing, the following shall be paid:
a) the fee prescribed for examination
as to form. If the fee for examination as to form is not paid within one month
from filing the application, Sakpatenti shall take a decision on refusal to
process the application.
b) the fee prescribed for requesting
the convention and/or exhibition priority, if such a priority is requested.
Otherwise, the priority shall be established according to the date of filing of
the application with Sakpatenti.
5. In the case provided for by
Paragraph 4 of Article 11 of the Law, within the prescribed term applicant shall submit the following:
a) In case of requesting the convention
priority - a copy of the first application certified by the office of the first
application;
b) In case of requesting the exhibition
priority - a certificate issued by the administration or organization committee
of an official or officially recognized exhibition, with the indication of the
date of the display of the exhibit at the exhibition.
6. In case of submission of a certified
copy of the first application using the “DAS” system, the applicant shall
submit to Sakpatenti the relevant “DAS” code and a duly certified Georgian
translation of the document made available in “DAS”.
7. It is permissible to extend the
period of requesting the convention and/or exhibition priority by one month, if
within the three-month period prescribed by the Law the applicant submits a
request with Sakpatenti for extension of the term and pays the fee prescribed
for the extension of the term. Otherwise the applicant loses the right to
request the convention and/or exhibition priority and the priority shall be
established according to the date of filing of the application with Sakpatenti.
8. If the application is filed for a
collective mark, the regulations governing the collective mark shall be
submitted upon filing the application or within one month from the date of
filing.
9. If the application is filed on the
basis of a cancelled international registration, in accordance with Article 9quinquies
of the Madrid Protocol, at the time of filing or within one month from
filing of a national application, the applicant shall file the document
certified by the WIPO, confirming that the international registration was
extended to Georgia before it was cancelled. If the registration of an
international mark was not extended to Georgia, the priority shall be
established according to the date of filing of the application with Sakpatenti.
10. The documents provided for by
Paragraphs 3, 5-9 of this Article and other additional documents may be
submitted in a foreign language. A duly certified Georgian translation of the
document submitted in a foreign language shall be filed with Sakpatenti within
one month from submitting the document. It is permissible to extend the term
for submission of the translation by one month, if from the date of filing the
application with Sakpatenti, the applicant submits a request with Sakpatenti
for extension of the term and pays the fee prescribed for the extension of the
term. Otherwise, the submitted document shall not be taken into consideration.
Order № 5 of the Chairman of Legal
Entity of Public Law - National Intellectual Property Center of Georgia
Sakpatenti of September 13, 2021 – website, 14.09.2021.
Article 5. Establishing the Date of Filing an Application
1. The date of filing of an application
with Sakpatenti shall be considered the date of filing the application with
Sakpatenti, if the application is filed in the Georgian language electronically
or on paper, contains the name and surname/title and address of the applicant,
the representation of the trademark, the list of goods, the name and
surname/title and address of the representative/patent attorney, if the
application is filed by a representative and is signed according to the
requirements of Paragraph 11 of Article 3 of this Instruction.
2. If the application satisfies the
requirements of Paragraph 1 of this Article, the application shall be assigned
a reference number and the office certificate is issued concerning the filing
of the application, indicating the reference number, date of filing and the
data and documents applied with the application.
3. If the filed application does not
meet the requirements of Paragraph 1 of this Article, the application shall not
be considered as filed, and the application materials shall be returned
to the person submitting it.
Order
№ 2 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of August 8, 2018 – website, 10.08.2018.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 6. Appointment of a Representative
1. Upon filing an application with
Sakpatenti or after filing the application, the applicant is entitled to
appoint a representative/patent attorney on the basis of a written power of
attorney.
2. The power of attorney issued in the
name of a representative/patent attorney shall include:
a)
the
name and surname/title, the legal address of the principal; in case of a
natural person, the identification number of the principal and attorney (except
patent attorneys); in case of a legal entity, the identification number;
b)
the
scope of authority of the representative/patent attorney;
c)
the
date and place of drawing up the power of attorney;
d)
the
signature of principal;
e)
the
term of validity of the power of attorney. If the term is not indicated, the
power of attorney is valid until the termination of the authority of the
principal.
3. The power of attorney shall be drawn
up in accordance with the legislation of the country where it is drawn up.
4. A
foreign applicant having no permanent residence in Georgia or is registered
without indicating an address, within 15 days from the request of Sakpatenti
shall appoint a capable person as a representative/patent attorney registered
at a definite address of Georgia, to
whom all documents intended for the applicant shall be sent. A foreign
applicant shall issue a power of attorney to a representative/patent attorney
himself/herself or through a duly authorized trustee. If the applicant fails to
comply with the requirement of this paragraph, Sakpatenti shall take a decision
on termination of the application proceedings. In addition, not sending to the
party the decision of the application proceeding termination shall not become a
basis for declaring the decision invalidated.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 7. Correspondence with
Sakpatenti
1. The correspondence with Sakpatenti
shall be carried out by the applicant or his/her representative/patent
attorney, for each application separately.
2. . All the materials submitted after
filing the application on paper shall include the reference number. The materials
submitted without indicating the reference number and signature shall not be
accepted for processing.
3. The materials submitted after filing
the application shall be submitted to Sakpatenti within the terms defined by
the Law and this Instruction.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 8. Supplementing, Modifying, Amending and Specifying
the Application Materials
1.
In
cases envisaged by Subparagraph “c” of Paragraph 5 of Article 12, application
materials may be supplemented, modified, amended and specified on the basis of
the applicant’s request. If the modification is requested after establishing
the priority, the prescribed fee shall be paid. Amendments after establishing
the priority are allowed only before the trademark is registered. In addition,
at the time of modification related with a trademark, only an insignificant
modification of the trademark shall be allowed, which does not extend the scope
of its protection, and in case of modification of the list of goods, only its limitation
or clarification shall be allowed. If the fee is not paid or the paid amount is
not in compliance with the prescribed fee, the request shall not be satisfied,
about which the applicant shall be notified in writing.
2.
If
the change is related to the representation of a trademark, which does not
modify it substantially, the representation of the modified trademark shall be
submitted to Sakpatenti.
3.
In case of change of the name and surname
(title) of the applicant, a document confirming this amendment shall be
submitted to Sakpatenti. If the document is submitted by a
representative/patent attorney, the request shall be accompanied by a document
certifying representation issued by the acting applicant according to the rule.
The document shall be submitted to Sakpatenti at the time of submitting a
request for the change or within one month from its submitting. It shall be
permissible to extend this term by one month, if within a one-month period the
representative/patent attorney submits to Sakpatenti a request for extension of
the term and pays the prescribed fee. If the power of attorney is not submitted
within the prescribed term, the amendment provided for this Paragraph shall not
be reflected in the application.
4.
The
applicant may transfer the right to the application to another person/successor
for the entire list of goods or for its part. In this case, the following shall
be submitted to Sakpatenti: a request, an agreement confirming the transfer of
the right on the application, signed by the applicant and his/her successor,
and the power of attorney issued by the successor, if the proceedings are
conducted through a representative/patent attorney.
5.
In
the case provided for by Paragraph 4 of this Article, the power of attorney
shall be submitted to Sakpatenti upon submission of the document confirming the
transfer of right on the application to Sakpatenti or within one month from its
submission. It is permissible to extend this term by one month if the
representative submits a request for extension of the term and pays the fee
prescribed for the extension of the term. If the power of attorney is not
submitted within the prescribed term, the amendment provided for this Paragraph
shall not be reflected in the application.
6.
From
the date of reflection of the amendments referred to in Paragraph 4 of this
Article in the application, Sakpatenti shall carry out correspondence with the
successor or his/her representative/patent attorney
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual Property
Center of Georgia Sakpatenti of September 13, 2021 – website, 14.09.2021.
Article 9. Division of the Application
1. An
application, which contains two or more appellations of goods, upon the
applicant’s request, before the registration of a trademark, may be divided
into two or more applications, with the distribution of the goods contained in
the first application on each application. The divisional applications shall
retain the date of filing of the first application.
2. It
shall be allowed to divide an application on the basis of a written request of
the applicant. The request shall contain:
a) the name and surname/title and
address of the applicant;
b) the reference number of the
application;
c) a request for division of the
application;
d) the list of the goods to be divided
with the indication of the relevant classes.
3. If
the request for division of the application fails to satisfy the requirements
of Paragraphs 1 and 2 of this Article, the applicant shall be given a one-month
term to remedy the shortcoming. Otherwise, the request shall not be considered
and the applicant shall be notified accordingly.
4. Registration
procedure on a separated application shall continue according to the rule
prescribed by the legislation and the fee for all relevant actions shall be paid.
5. The
applicant is entitled to request issuing a certificate for a separated
application,
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 10. Introduction with the Application Materials
The
applicant is entitled to introduce with the materials used during application
proceedings and to request their copy.
Article 11. Suspension of the Application Proceedings
1. The
applicant is entitled to request suspension of proceedings of his/her
application for one month, at any stage of examination after paying the fee set
for each separate month. The total term of suspension shall not exceed 3
months.
2. The
request for suspension of the application proceedings shall be submitted to
Sakpatenti. Within one month from submitting the request the prescribed fee
shall be paid. In case of non-payment, the request on the suspension shall not
be considered.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 111. Requesting a
Certified Copy of an Application
1. After completion of the examination as to
form, the applicant is entitled to request a certified copy of the application.
2. The request for a certified copy of the
application shall be submitted to Sakpatenti and within one month from
submitting the prescribed fee shall be paid.
3. Upon the request of the applicant, Sakpatenti
may issue a certified
copy using the “DAS”.
4. Sakpatenti
shall issue a certified copy of the application within 10 working days from
payment of the fee defined by Paragraph 2 of this Article. If the fee is not
paid within the prescribed term, the request shall not be considered.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 12. Termination of the Application Proceedings
1. Sakpatenti shall terminate application
proceedings upon the request of the applicant or in cases envisaged by the
legislation.
2. The application proceedings shall be
terminated from the date of submission of the request on termination of
application proceedings with Sakpatenti by the applicant or within 10 days from
arising the grounds envisaged by the legislation and a relevant written
notification shall be sent to the applicant.
Order № 5 of the Chairman of Legal
Entity of Public Law - National Intellectual Property Center of Georgia
Sakpatenti of September 13, 2021 – website, 14.09.2021.
Article 121. Reinstatement of
the Application Proceedings
1. If the application proceedings were
terminated by the applicant’s request, or the decision is taken by Sakpatenti
on the refusal to process the application or due to non-compliance with the
procedural terms prescribed by this Instruction on termination of application
proceedings, within one month after termination of the application proceedings,
the applicant is entitled to request reinstatement of the application
proceedings after payment of the prescribed fee. For an application reinstated
according to this rule, the priority date shall be retained.
2. Along with the fee for reinstatement
of the application proceedings, the applicant shall pay the fee prescribed for
the relevant stage of the examination. Otherwise, the request for reinstatement
of the proceedings shall not be considered.
3. Sakpatenti shall reinstate the
application proceedings within 10 days from the submission of the relevant
request.
Order № 5 of
the Chairman of Legal Entity of Public Law - National Intellectual Property
Center of Georgia Sakpatenti of September 13, 2021 – website, 14.09.2021.
Chapter III
Examination of the Application
Article 13. Examination of as to form
1. Examination
as to form shall be conducted within 2 months from the date of filing the
application, which may be extended by the period prescribed by Paragraph 5 of
Article 4 and Paragraph 4 of Article 14 of this Instruction. At the stage of
examination as to form, the examiner checks whether the application fully
satisfies the requirements set forth in Articles 3 and 4 of this Instruction.
2. Sakpatenti
may request from the applicant to submit additional materials for examination.
The additional materials shall be submitted to Sakpatenti within 2 months from
the date of receipt of the relevant notice to the applicant. If this deadline
is not met, Sakpatenti shall take a decision on refusal to process the
application. In case of accelerated registration of the application, the reply
to the notice referred to in this Article shall be submitted within 15 days from
the date of receipt of the notice.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 14. Results of Examination as to Form and Related
Correspondence
1. If
the application and accompanying materials satisfy the requirements of the Law
and of this Instruction, examination shall take a decision on receiving the
application for consideration and establishing priority, and shall inform the
applicant about that accordingly.
2. If
the application is filed by the representative/patent attorney and the
requirements of Paragraph 3 of Article 4 of this Instruction are not met, the
application shall not be processed and the applicant shall be notified of this.
3. If
the application refers to the registration of a collective trademark and within
one month from filing the application the regulations governing the collective
mark are not submitted, the application proceedings shall be terminated and the
applicant shall be notified about this.
4. If
the application materials need further clarification, a written notification shall
be sent to the applicant in which all the requirements and necessary amendments
shall be listed performance of which is required to continue examination of the
given application. The applicant shall submit a written reply to Sakpatenti
within two months from the date of receipt of the notification. The applicant
has the right to extend the term for submitting a reply by one month, if within
the above-mentioned two-month period he/she submits a request for extension of
the term and pays the prescribed fee.
5. the
notification shall be sent if:
a) an application concerns to more than
one trademark. The applicant is given an opportunity to submit an independent
application for each sign. If the prescribed deadline for submitting a reply to the notification is
not met, the application proceedings shall be terminated and a relevant
notification shall be sent to applicant;
b) an earlier priority is requested, in
particular, the convention, exhibition priority or priority based on a cancelled
international registration, and the document confirming the right to claim such
a priority is not submitted according to the prescribed rule and/or its data
differ from the data of the applications submitted to Sakpatenti; if the
applicant does not submit a reply to the notification within the prescribed term
, the applicant loses the right to claim the earlier priority and the priority
shall be established according to the date of filing the application with
Sakpatenti;
c) the representation of the sign applied
for registration does not comply with the requirements of Paragraph 1 of
Article 4 of this Instruction and/or the
colour or combination of colours indicated
in the application do not correspond with the colours of this representation. If the applicant does not submit a reply to
the notification within the prescribed term,
the examiner shall define the colour or
combination of colours on the basis of the sign submitted for
registration;
d) the applied list of goods is not
classified or requires specification. If the applicant does not submit a reply concerning
the specification of the list of goods within the prescribed term, Sakpatenti shall specify the
list of goods;
e) the amount of fee prescribed for the examination as to form does not
correspond to the amount set for the number of classes of the list of goods indicated
in the application or specified through correspondence. The applicant is proposed
to add the missing amount to the paid fee or to indicate the classes for which
the paid amount is sufficient. If the applicant does not submit a reply to the
notification referred in this paragraph
within the prescribed term, examination shall be conducted according to the
list, for as many of the first classes for which the paid fee is sufficient;
f) the materials received in response
to the sent notification require clarification;
g) other materials of the application
are deficient and require clarification.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 15. Substantive Examination
1. Within
3 months after the receipt of the notification relating to the acceptance of
the application for consideration, the applicant shall pay the fee prescribed
for substantive examination and publication. Otherwise the application proceedings shall
be terminated, about which a written notification shall be sent to the
applicant.
2. Substantive
examination may be suspended:
a) before
the entry into force of the decision on the registration of the conflicting
sign with earlier priority;
b) upon
the applicant’s request, for the period indicated in Article 11 (1) of this
Instruction;
c) for
the term specified in Paragraph 5 of Article 16;
d) for
the remaining period before expiration of 6 months after the cancellation of
the registration of conflicting mark, if the conflicting mark registration is
cancelled by the moment of taking a decision of substantive examination;
e) before
expiration of the three-month period established for appealing against the
decision of examination as to form on the application of conflicting sign according to Paragraph 1
of Article 19 of this Instruction, or in case of appeal of the decision of
examination as to form by the applicant, before taking a decision by the
Chamber of Appeals.
3. At
the stage of substantive examination the examiner shall check whether there are
grounds of refusal for registration of applied sign defined by Articles 4 and/or
5 of the Law.
4. In
order to establish whether there are the grounds of refusal under Subparagraph
“i” of Paragraph 1 of Article 4 and Subparagraphs “a”-“c”, “e”-“g” of Article 5
of the Law, the submitted symbol shall be compared to the signs protected
by Article 6ter of the Paris
Convention, geographical indications or appellations of origin protected/registered
in Georgia, designs protected/registered in Georgia, trademarks protected/registered
in Georgia and trademarks applied to Sakpatenti for the registration.
5. The
main criteria during the comparison for determining the similarity of the signs
can be acoustic (phonetics, musical sound), visual (graphics, colour
combination), conceptual (semantics, essence) similarity. The overall
impression has the crucial significance when comparing the signs.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 16. Results of Substantive Examination and Related
Correspondence
1. If there are no grounds of refusal
for registration under Articles 4 and/or 5 of the Law, on the basis of the
decision of examination Sakpatenti shall take a decision on registration of the
submitted sign as a trademark with respect to the entire list of goods
indicated in the application, about which the applicant shall be notified.
2. If there are any grounds of refusal
for registration under Articles 4 and/or 5 of the Law with respect to the
entire list of goods indicated in the application, on the basis of the decision
of examination Sakpatenti shall take a decision on refusal of registration of
the submitted sign as a trademark with respect to the entire list of goods
indicated in the application, about which the applicant shall be notified.
3. If there are grounds of refusal for
registration under Articles 4 and/or 5 of the Law with respect to a part of the
list of goods indicated in the application, on the basis of the decision of
examination Sakpatenti shall take a decision on registration of the submitted
sign with respect to the remaining part of the list of goods, about which the
applicant shall be notified.
4. If in case of presence of grounds of
refusal determined by Subparagraphs “a”-“d”, “f” and “g” of Article 5 of the
Law, Sakpatenti considers that the applicant or holder of the opposing
trademark and/or design is one and the same person or a legally related
persons, the applicant shall be sent a written notification about this. If a
reply is not submitted within two months from the receipt of the notification,
Sakpatenti shall take a relevant decision.
5. If there are grounds for requesting
the consent provided for in Subparagraph “i” of Paragraph 1 of Article 4 and
Subparagraphs “h” and “i” of Article 5 of the Law, or the application materials
require specification, a written notification shall be sent to the applicant.
Within 2 months from the date of receipt of the notification, the applicant is
obliged to submit a reply to Sakpatenti. The applicant has the right to extend
the term for submitting a reply for one month, if within the above-mentioned
two months he/she submits to Sakpatenti a written request for extension of the
term and pays the fee prescribed for extension of the term. In case of
accelerated procedure of registration of an application, the reply to the
notification indicated in this Article shall be submitted within 15 days from
the date of receipt of the notification. If within the above-mentioned term
consent is not submitted, Sakpatenti shall take a decision on refusal of
registration in accordance with Paragraph 2 of this Article.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 17. Examination of a National Application Filed on
the Basis of a Cancelled International Registration
1. If
by the date of filing an application with Sakpatenti on the basis of a cancelled
international registration the term set out in Paragraph 2 of Article 5 of the
Madrid Protocol is expired and no decision is taken on the refusal of
protection, the trademark shall be registered in accordance with this
Instruction without substantive examination and publication.
2. If
the application referred to in Paragraph 1 of this Article is filed before the
expiration of the period indicated in Paragraph 2 of Article 5 of the Madrid
Protocol, its substantive examination and registration shall be carried out in
accordance with this Instruction.
Article 18. Substantive Examination of an International
Application
1. Substantive examination of an
international application shall be conducted in accordance with Paragraphs 1, 2
and 3of Article 16 of this Instruction.
2. The decision of substantive
examination of the international application shall be taken within the term
prescribed in Paragraph 2 of Article 5 of the Madrid Protocol from the date of
notification of the International Bureau.
3. On a trademark for which granting of
protection is requested on the basis of its international registration,
according to the Madrid Protocol only substantive examination shall be
conducted.
4. If there are grounds for requesting
the consent provided for in Subparagraph “i” of Paragraph 1 of Article 4 and
Subparagraphs “e”, “h” or “i” of Article 5 of the Law or the application
materials require specification, a notification shall be sent to the applicant.
The applicant shall submit a written reply to Sakpatenti within 2 months from
the date of receipt of the notification. It shall be permissible to extend this
term by one month, if the applicant submits to Sakpatenti a written request for
extension of the term within the above-mentioned two-month period and pays the
fee prescribed for extension of the term. In case of failure to meet the
deadline for submitting a reply to the notification indicated in this
Paragraph, the decision on the refusal
of registration of the trademark in Georgia shall be sent to the International
Bureau in the form determined by the International Bureau.
5. If there are any grounds for refusal
of registration provided for by Article 4 and/or Article 5 of the Law,
examination shall take the decision on refusal of registration of the submitted
sign in Georgia with respect to the entire list of goods indicated in the
application and/or its part, and the relevant written notification shall be
sent to the International Bureau in the form determined by the International
Bureau.
6. If there are no grounds for refusal
of registration under Article 4 and/or 5 of the Law, on the basis of the
examination decision, Sakpatenti shall take a decision on the protection of the
trademark in Georgia, which shall be sent to the International Bureau. The
opposition period shall be computed from the day of publication of the international
registration date and number of the trademark in the Bulletin.
7. If within the term specified in
Paragraph 2 of this Article a decision on refusal of protection is not taken,
the trademark is considered to be protected in Georgia.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 19. Appeal against a Decision of Examination as to
Form and Substantive Examination
1. The
applicant may appeal against a decision concerning refusal of processing the
application, taken after examination as to form, at the Chamber of Appeals
within 3 months from the date of official introduction with the decision.
2. The
applicant may appeal against a decision concerning registration of a trademark
or refusal of registration of a trademark with respect to the entire list of
goods or its part, taken after substantive examination, at the Chamber of
Appeals within 3 months from the date of official with the decision.
3. Any
interested person has the right to appeal against a decision of Sakpatenti at
the Chamber of Appeals on the grounds established by the Law, within 3 months
from the date of publication of the application related data in the Bulletin.
4. The
applicant may appeal against a decision concerning refusal of granting
protection to an international trademark with respect to the entire list of
goods or its part, taken on the basis of examination, at the Chamber of Appeals,
within 3 months from the publication of the decision in the Official Bulletin
of the International Bureau (WIPO Gazette).
5. A
prescribed fee shall be paid for hearing an appeal.
6. The
decisions referred to in Paragraphs 1, 2-4 of this Article may be appealed according
to the administrative rule at the court within one month.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 20. Procedure of Accelerated Registration of
Trademark
1. For
accelerated registration of a trademark the procedure for accelerated
registration of a trademark prescribed by Article 151 of the Law
shall apply.
2. Subparagraphs
“a” and “d” of Paragraph 2 of Article 15 of the Instruction shall apply for the
procedure of accelerated registration of a trademark.
3. In
case of trademark proceedings by accelerated procedure, upon taking a decision
on refusal of registration, within one month from submitting a written request,
the publication and registration fee shall be returned to the applicant.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Chapter IV
Publication
Article 21. Publication of Application Data
1.
In
the case envisaged by Article 15 of the Law, the following shall be published
in the Bulletin:
a) reference number;
b) application filing date;
c) first application number;
d) date of filing of the first
application;
e) code of the country/office receiving
the first application;
f) name and surname/title of the
applicant and legal address;
g) sign submitted for registration;
h) indicated colour or combination of
colours;
i) list of goods grouped according to
the international classification, with respect to which registration is requested.
2. The
data of the international trademark registration shall be published in the
Bulletin of the International Bureau (WIPO Gazette).
3. In
case of taking a decision concerning protection in Georgia of the sign
submitted by the international application, within one month after taking this
decision, the date of the international registration, registration number and
date of expiration of the registration validity term shall be published in the
Bulletin additionally.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 22. Publication of Data of the Trademark Register
1. If
no amendments were made in the application data published in accordance with
Article 21 of this Instruction before the registration of the trademark, within
one month after the registration date, the registration number, registration
date, date of expiration of the registration validity term, the application
filing date and the reference number shall be published in the Bulletin.
2. If
the application data published in accordance with Article 21 of this
Instruction underwent changes before the registration of the trademark, within
one month after the registration date, the registration number, registration
date, the date of expiration of the registration validity term, the application
filing date, the reference number and the amended application data shall be
published in the Bulletin.
3. Amendments
made in the Register in accordance with Articles 24 and 25 of this Instruction
shall be published in the next Bulletin.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 23. Trademark Registration
1. If
the Chamber of Appeals takes a decision on registration of a trademark, on the
appeal filed under Paragraph 4 of Article 16 of the Law or if no such appeal is
filed within the term indicated in the above-mentioned Paragraph or, if the
requirements referred to in Paragraph 1 of Article 17 of this Instruction are
fulfilled, the applicant shall be sent a written notification for the payment
of the prescribed fee for issuing a certificate and for registration for 10
years.
2. The
applicant shall pay the fee referred to in Paragraph 1 of this Article within 3
months from the date of official introduction with the mentioned written
notification.
3. If
the applicant fails to pay the fee prescribed for issuing a certificate and
registration for 10 years within the term referred to in Paragraph 2 of this
Article, the application shall be cancelled and a written notification shall be
sent to the applicant.
4. If
the applicant pays the fee prescribed for issuing a certificate and
registration for 10 years according to the requirements of this Instruction,
Sakpatenti shall register the trademark in the Register and within one month
from the date of payment of the above-mentioned fee shall issue a certificate.
41. The form of the certificate shall be approved
by the order of the Chairman of Sakpatenti.
42. The certificate shall be reflected in the electronic system. In case of the
application proceedings on paper, the certificate shall be handed over to the
applicant on paper, and in case of electronic proceedings, the certificate
shall be issued on paper upon the request of the holder, within 5 days from
submitting the request.
5. Along
with the information referred to in Paragraph 2 of Article 17 of the Law, the
following data shall be entered in the Register:
a) registration number;
b) registration date;
c) the date of expiration of the
registration validity term;
d) reference number;
e) application filing date;
f) first application number;
g) the date of filing of the first
application;
h) code of the country/office receiving
the first application;
i) name and surname/title of the
trademark holder and legal address;
j) trademark representation;
k) indicated colour or combination of
colours;
l) list of goods grouped according to
the international classification with respect to which the trademark is
registered;
m) name and surname/title of the
representative/patent attorney and legal address;
n) list of parts of the trademark not
qualifying for protection.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 231. Public
Notification
1. In case if upon the first sending of
the notification is failed to be delivered to the addressee, it shall be sent
to the addressee at least once again to the same or another address known to
Sakpatenti.
2. If the location of the applicant is
unknown or it is impossible to be delivered the notification to him/her
otherwise, Sakpatenti is entitled to disseminate the notification publicly. The
public notification shall be disseminated by means of publishing on Sakpatenti
official website or using other means of information.
3. In the case referred to in Paragraph
2 of this Article, the notification shall be regarded as delivered to the
applicant on the 7th day of publication of the notification on the website.
Order № 5 of the Chairman of Legal
Entity of Public Law - National Intellectual Property Center of Georgia
Sakpatenti of September 13, 2021 – website, 14.09.2021.
Article 24. Actions in the Register
1. Each
amendment of the data necessary for registration, provided for by Subparagraphs
“i”, “j”, “l” and “m” of Paragraph 5 of Article 23 of the Instruction, shall be
entered in the Register on the basis of a request of the trademark holder or
his/her representative/patent attorney.
2. If
the trademark holder submits a request to Sakpatenti on the amendment of the
data provided for by Subparagraphs “i”, “j” and “l” of Paragraph 5 of Article
23, these amendments shall be entered in the Register after payment of the fee
prescribed for entering amendments. The fee shall be paid within one month from
submitting the request to Sakpatenti, otherwise Sakpatenti shall take a
decision on refusal to process the request. Amendments related with
Subparagraphs “j” and “l” of Paragraph 5 of Article 23 shall be permissible
only when a minor change is made to the trademark or the limitation of the list
of goods is requested.
3. The
amendments entered in the Register shall be published in the next Bulletin and
the amendments shall be reflected in the certificate.
4. In
case of transfer of rights on a trademark, with respect to the entire list of
goods or its part, on the basis of submitted agreement on transfer of rights,
the relevant amendment shall be made in the Register after payment of the
prescribed fee. The fee shall be paid within one month from filing the request with
Sakpatenti, otherwise Sakpatenti shall take a decision on refusal to process
the request.
5. If
the agreement on transfer of rights is submitted to Sakpatenti by a representative/patent
attorney, along with the agreement, a power of attorney issued by the holder or
successor shall be submitted as well. Otherwise, the agreement on transfer of
rights shall not be considered.
6. If
on the basis of submitted documents on transfer of rights on a trademark
Sakpatenti considers that the transfer of rights might mislead consumers as to
the features, quality or geographical origin, manufacturer or other
characteristics of the goods, for which it is registered, a written notification
shall be sent to the successor on removal of the misleading goods from the list
of goods. Sakpatenti shall not enter in the Register the information concerning
the transfer until it receives the successor’s consent on removal of the
misleading goods from the list. .
7. If
the trademark holder has pledged the trademark and/or issued a license for its use,
the pledge and/or license agreement shall be registered and the relevant data
shall be entered in the Register after the payment of the fee prescribed for
the registration of the pledge and/or license agreement. The fee shall be paid
within one month from submitting a request to Sakpatenti, otherwise, Sakpatenti
shall take a decision on refusal to process the application. If the pledge
and/or license agreement is submitted to Sakpatenti by a representative/patent
attorney, along with the agreement, a power of attorney issued by one of the
parties shall be submitted too. Otherwise, the request shall not be considered.
8. In
case of applying to Sakpatenti with a request of recording
of a seizure on a trademark, a document issued by the
relevant authority or the court shall be submitted.
9. If
the trademark holder submits to Sakpatenti a request on cancellation of the
trademark registration or the court takes a decision on the cancellation,
annulment or reinstatement of the trademark registration, Sakpatenti shall
enter relevant amendments in the Register.
10. In
case of the amendment entered in the Register, transfer of rights, as well as the
registration of the license or pledge agreement, the annex of the certificate
shall be issued. The annex shall be printed on the form approved by the Chairman
of Sakpatenti, the annex of the certificate shall be reflected in the
electronic system and, in case of application
proceedings on paper, it shall be handed
over to the holder on paper form, and in case of electronic proceedings, it
shall be issued on paper form only upon the request of the holder, within 5
days from submitting the request.
Order
№ 2 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of August 8, 2018 – website, 10.08.2018.
Order
№ 5 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of September 13, 2021 – website,
14.09.2021.
Article 241. Issuance of a Duplicate
1. If
the trademark holder or his/her representative/patent attorney submits a
request to Sakpatenti and pays the prescribed fee, a trademark certificate
duplicate may be issued.
2. If the request is submitted to
Sakpatenti by a representative/patent attorney, along with the request, a power
of attorney issued by the holder shall be submitted.
3. The
fee prescribed for requesting a trademark certificate duplicate shall be paid
within one month from submitting the request, otherwise, the request shall not
be considered.
4. A
duplicate shall be issued by Sakpatenti within one month if the registration of
the trademark is valid.
5. A
trademark certificate duplicate shall be issued in the form specified
in Paragraph 41 of Article 23 of this Instruction, according to the
data available in the Register at the time of issuance of this duplicate and
shall be certified by the stamp “duplicate” in the upper right corner. The duplicate shall be reflected in the electronic system and, in
case of application proceedings on paper shall be handed over to the holder on
paper form, and in case of electronic proceedings, it shall be issued to on
paper form only upon the request of the holder, within 5 days from submitting
the request.
Order № 5 of the Chairman of Legal
Entity of Public Law - National Intellectual Property Center of Georgia
Sakpatenti of September 13, 2021 – website, 14.09.2021.
Article 242.
Extract from the Register
1. The
trademark holder or any person, upon submitting a request to Sakpatenti, is
entitled to request an extract from the Register.
2. A
fee prescribed by the Law shall be paid for obtaining an extract from the
Register. The fee shall be paid within one month after submission of a request
to Sakpatenti, otherwise, the request shall not be considered.
3. The
extract shall be issued with the signature of an authorized person within 10
working days from payment of the fee and shall be reflected in
the database in electronic form. It shall be issued on paper form too upon the
request of the applicant.
4. Extract
from the Register shall contain the following data:
a) trademark;
b) registration
number;
c) trademark
status;
d) data
of the trademark holder(s);
e) registration
validity starting date;
f) date of expiry of the trademark registration
validity;
g) number
and date of publication of the application;
h) number
and date of publication of the registration;
i) reference
number;
j) application
filing date;
k) list
of goods;
l) priority
data;
m) data
of the representative/patent attorney (if any);
n) information
on amendments entered in the Register, transfer of rights, seizure, granting of
a license or pledge and other actions.
Order № 5 of the Chairman of Legal
Entity of Public Law - National Intellectual Property Center of Georgia
Sakpatenti of September 13, 2021 – website, 14.09.2021.
Article 25. Extension of Validity Term of Registration
1. The
term of validity of the trademark registration may be extended indefinitely by
consecutive periods of 10 years. Sakpatenti shall extend the term of validity
of a trademark registration upon a request filed by the holder with Sakpatenti,
after payment of the prescribed fee. The request shall be filed with Sakpatenti
and the fee shall be paid during the final year of the validity of the
certificate.
2. If
the fee prescribed for extension of validity term of the trademark registration
is not paid within the term specified in Paragraph 1 of this Article, a written
notification shall be sent to the holder of the trademark with a request to pay
the fee within 6 months from the expiration date of the term of validity of the
registration. This notification is only informative in nature and failure of
its delivery shall not affect the decision on cancellation of the trademark
registration.
21. The fee prescribed under Paragraphs 1 and 2
of this Article shall be paid within one month from submitting to Sakpatenti a
request on extension of validity term by the trademark holder, otherwise
Sakpatenti shall take a decision on refusal to process the request.
3. If
the fee for extension of the validity term of the registration is not paid
within the term indicated in Paragraph 2 of this Article, the trademark
registration shall be cancelled and the trademark holder shall be sent a
written notification concerning the cancellation of the registration.
Order
№ 2 of the Chairman of Legal Entity of Public Law - National Intellectual
Property Center of Georgia Sakpatenti of August 8, 2018 – website, 10.08.2018.
Order № 5 of
the Chairman of Legal Entity of Public Law - National Intellectual Property
Center of Georgia Sakpatenti of September 13, 2021 – website, 14.09.2021.
Article 26. Request for International Registration of a
Trademark
1. For
the purpose of international registration of a trademark, under Article 3 of
the Madrid Protocol, the applicant shall file an application with the
International Bureau through Sakpatenti. The application shall be filed with
Sakpatenti on paper or using WIPO Madrid eFiling.
2. In
case of filing an application on paper, the applicant shall apply to Sakpatenti
with a relevant request and apply a duly filled out international application
form, (MM2) of WIPO. If the application
is filed by a representative/patent attorney, the application shall be
accompanied by a document certifying the authority of representation issued by
the applicant.
3. An
international application shall be filled out in the English language and the
fee prescribed by WIPO shall be paid to the International Bureau.
4. The
application shall be accompanied by an English translation of the list of goods
grouped according to the International Nice Classification.
5. If
the international registration was based on the application filed with
Sakpatenti or registered trademark, the date and number of the international
registration shall be entered in the application data or the Register.
6. Within
10 days from the receipt of an international application, Sakpatenti shall
check the compliance of the application with the requirements of the Madrid
Protocol and the amount of the paid fee.
7. If the filled out application fails
to comply with the requirements of this Article, a notification on remedying the identified shortcoming to within one
month shall be sent to the applicant. If the shortcoming is remedied, the date
of remedying the shortcoming shall be deemed as the filing date of the
application. If the requirements are not fulfilled within the specified term,
the request shall not be considered.
8. If an international application complies with
the specified requirements, Sakpatenti shall submit the international application to the
International Bureau within one month.
Order № 5 of
the Chairman of Legal Entity of Public Law - National Intellectual Property
Center of Georgia Sakpatenti of September 13, 2021 – website, 14.09.2021.
Article 27. Registration of a Collective Mark
For
registration of a collective mark, the rules prescribed for trademark
registration apply, unless otherwise provided by the Law.
Order № 5 of
the Chairman of Legal Entity of Public Law - National Intellectual Property
Center of Georgia Sakpatenti of September 13, 2021 – website, 14.09.2021.
Article 28. Cancellation of a
Trademark Registration
1. In the case envisaged under Article
27(1)(a) of the Law, Sakpatenti shall cancel the trademark registration upon
the request of the trademark holder or his/her representative/patent attorney
on the basis of a written request.
2. In the case envisaged under Article
27(1)(b) of the Law, on the basis of the request of an interested party,
Sakpatenti shall cancel the trademark registration if the document, issued by a
competent authority, concerning the absence of successor(s) or, in case of a
legal entity, concerning the absence of an assignee, is submitted.
3. In the cases determined under
Paragraphs 1 and 2 of this Article, Sakpatenti shall take a decision on a
trademark cancellation within one month from submitting the relevant request.
4. If the documentation referred to in
Paragraph 2 of this Article is not submitted, Sakpatenti shall take a decision
on the refusal to consider the request.
Order № 5 of
the Chairman of Legal Entity of Public Law - National Intellectual Property Center
of Georgia Sakpatenti of September 13, 2021 – website, 14.09.2021.
Article 29. Annulment of a Trademark
Registration
In
case of annulment of a trademark registration by the court with respect to the
entire list of goods or its part, relevant amendments shall be entered in the
Register and information shall be published in the Bulletin.
Order № 5 of the Chairman of Legal
Entity of Public Law - National Intellectual Property Center of Georgia
Sakpatenti of September 13, 2021 – website, 14.09.2021.