Trademark Registration Procedure
An
application filed with Sakpatenti for registration of a sign shall be subject
to examination as to form and substantive examination.
Examination
of an application as to form is conducted within 1 month after filing of the
application. During examination as to
form it is ascertained whether the application and the information contained in
the accompanying documents are in compliance with the requirements established
by the legislation.
Substantive
examination is carried out within 6 months from the completion of the
examination as to form. At the stage of substantive examination it is ascertained
whether there are absolute and/or relative grounds for refusal of registration
of the submitted sign. If there are no grounds, examination shall make a
decision on registration of the sign. Within one month after making a decision
on the registration of a trademark, the application data is published in the
Official Bulletin of the Industrial Property of Sakpatenti. Any interested person is entitled to file an
appeal against the decision of the examination at the Chamber of Appeals of
Sakpatenti within three months from the publication date or at Mtskheta
District Court within one month, on the ground that the mark fails to satisfy
the requirements provided for by Article 4 (Absolute Grounds for Refusal of a
Trademark Registration) and Article 5 (Relative Grounds for Refusal of a
Trademark Registration) of the Trademark Law of Georgia.
If there are absolute and/or
relative grounds for refusal of the registration of the submitted sign,
examination makes a decision on the refusal of registration of the sign. The decision on the refusal of registration
may be appealed by the applicant at the Chamber of Appeals of Sakpatenti within
three months from making the decision on the refusal or at Mtskheta District
Court within one month.
In
addition to the standard procedure, an applicant may request the accelerated registration
procedure. In this case the application proceedings are completed in ten
working days.
An
application can be filed with Sakpatenti both electronically and by a form filled out according to the rule
established by the Instruction. The form shall be filled out in the Georgian
language.
Decisions of Sakpatenti examination as
well as the Chamber of Appeals may be appealed in court according to the rule
prescribed by the law.