No, it is not possible. A trademark is subject to registration.

A sign or combination of signs that can be represented graphically and is capable of distinguishing the goods and/or services of one undertaking from the goods and/or services of another undertaking.

A word or words, a proper name - Camel, Mercedes

letters -
             BMW

figures - 212

sounds - Nokia tune

image -
   

combined signs -
   

three-dimensional figure -
   

A sign or combination of signs that distinguishes the goods of the members of an association holding the collective mark from goods of other parties according to the geographical origin, common qualitative features or other features.

Bakuriani

A sign or combination of signs that is protected without registration and is recognized as well-known by the Chamber of Appeals of Sakpatenti or by the court.

Natakhtari

Prior to filing an application the applicant can search for information concerning the applications filed for registration with Sakpatenti or registered trademarks on the following link:

http://www.sakpatenti.gov.ge/en/search_engine/search/3/

The procedure of registration of a trademark starts with filing of an application with Sakpatenti. An application can be filed both electronically (on the link: http://online.sakpatenti.gov.ge) or directly with Sakpatenti.

• the power of attorney- if the application is filed by a representative;
• a copy of the first application - if the convention priority is requested;
• 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 - if the exhibition priority is requested;
• the regulations governing the use of a collective mark - if the application is filed for a collective mark.

The privilege enjoyed by an application as compared with an application filed later. Priority can be:

• Convention
• Exhibition

• It shall be distinctive. Use of fancy signs is desirable:
  
• It shall not be descriptive the goods/services, e.g. “red wine”, “excellent wine” or “wine” for wines;
• It shall not be misleading for the consumers. e.g. the representation of Eiffel Tower for perfumery produced in Georgia will mislead consumers as to the origin of the goods:
  
• It shall not contain a protected Appellation of Origin and/or Geographical Indication, e.g. Khvanchkara, unless the applicant is the person entitled to use the Appellation of Origin and/or Geographical Indication; Among others, it shall not contain a protected Appellation of origin protected under the decree of the President of Georgia N88 February 28, 2002 regarding Measures Related to the Entry into Force of the Law of Georgia “On Appellations of Origin of Goods and Geographical Indications”, e.g. .Gremi, Eniseli, etc.
• It shall not be contrary to the public order and norms of morality, e.g. shall not contain communist or fascist symbols:
  

1. Examination as to form - shall be carried out within 2 months after the filing of the application;
2. Substantive examination - shall be carried out within 6 months from the completion of the examination of the application as to form. It serves to ascertain whether there are relative and absolute grounds for refusal of registration of a trademark;
3. First Publication - application data shall be published in the Official Bulletin of the Industrial Property within one month from the completion of substantive examination;
4. Registration - after three months from the first publication and upon the payment of the prescribed fee the trademark is registered and a certificate is issued.

An applicant may request conducting accelerated examination of the application at the time of filing of the application or within one month from the filing. Examination process through accelerated procedure is carried out in ten working days..

* Accelerated registration procedure is related to a certain risk. If after the registration of a trademark through the accelerated procedure an application having earlier priority is filed with Sakpatenti and if there exists the ground for refusal of the trademark registration stipulated by the Trademark Law of Georgia in relation to the trademark registered through the accelerated procedure, Sakpatenti shall take a decision on the cancellation of the accelerated registration of the trademark and shall publish it in the Bulletin.

A trademark is registered for a period of 10 years, which may be extended indefinitely by consecutive periods of 10 years, after payment of the fee prescribed for extension of the term of validity.

The holder of a trademark is entitled to allow or prevent the use of a trademark which is similar or identical to his trademark, also to transfer the exclusive rights on the trademark fully or partially, or to grant a license.

Infringement of the rights on a trademark shall cause civil, administrative or criminal responsibilities.

It is possible:

• to file an application directly with the relevant office of the country where the applicant wishes to acquire exclusive rights;
• to extend the validity of the mark, through Sakpatenti, in any member office of the Madrid System. The Madrid System includes 108 member offices, covering 124 countries.