Trademark Registration in Georgia: How to Protect Your Brand
For an online business, the brand name is often the asset that matters most and the one that gets the least legal attention. In Georgia, protection for a brand comes from registering it, not from simply using it first. That means a name can be a customer favourite and still be taken by someone else who files before you do.
Why Registration Matters More Than Using the Name First
Georgia follows a registration-based system. The rights belong to the party that registers the mark, and use of a name without registering it does not give the same protection. Anyone can search the register, find that a brand is unclaimed, and file for it.
Filing also starts protection earlier than registration does. The law recognises pending trademark rights from the filing date, and an applicant can use the mark while the application is being examined. The sooner an application is filed, the sooner that date is fixed, which matters because the standard process takes a year or more.
What Can and Cannot Be Registered
An application can be refused on two kinds of grounds. Absolute grounds concern the mark itself: it has no distinctive character, or it is offensive. Relative grounds concern earlier rights: the mark is too similar to one that is already registered for the same or similar goods or services. A search before filing is the cheapest way to find the second problem early.
Every application names the goods and services it covers under the international Nice classification, and fees are charged per class. Online businesses commonly look at classes like these:
| Class | Typically covers | Often relevant to |
|---|---|---|
| 9 | Software, apps, downloadable digital products | App and software founders |
| 25 | Clothing, footwear, headwear | Merchandise and fashion sellers |
| 35 | Advertising, retail and online store services | E-commerce stores and marketplaces |
| 41 | Education, training, entertainment | Course creators and content creators |
| 42 | Software development, hosted software services | SaaS and IT businesses |
How the Process Works
Search the register first
A preliminary search for identical or similar marks shows whether the name is likely to be refused or challenged before any fee is paid.
File the application with Sakpatenti
The application is filed with the national intellectual property office, with a representation of the mark and the Nice classes it covers. This fixes the filing date.
Formal examination
The office checks that the application is complete. The law allows up to two months.
Substantive examination
The mark is assessed against the absolute and relative grounds. This is the longest stage, with up to six months allowed after the formal examination ends.
Publication and opposition
An approved mark is published in the official bulletin within a month of the decision, and third parties then have three months to object.
Registration
If no successful objection is raised and the registration fee is paid, the certificate is issued.
Standard or Accelerated: Why Ten Days Versus a Year?
Both routes are in the law, and the difference is the order in which things happen. On the standard route, every stage follows the one before it: the formal examination, the substantive examination, publication, and then a three-month window in which third parties can object. The mark is only registered after that window closes without a successful objection. Those waiting periods are what add up to a year or more.
The accelerated route reverses the order. At the applicant's request, made when filing or within a month afterwards and with higher official fees, Sakpatenti checks the request within three days and then checks the grounds for refusal within seven. If the mark passes, it is registered, published and the certificate is issued straight away. The objection period does not disappear. It simply comes after registration instead of before it: an interested party can still ask the Chamber of Appeals to cancel the mark within three months of publication.
| Standard procedure | Accelerated procedure | |
|---|---|---|
| Order of stages | Examination, publication and the objection period come first, then registration | Quick check of the grounds for refusal, then registration and publication, with the objection period afterwards |
| Time to registration | The legal stage limits add up to about 12 months, and some firms report 14 to 17 months in practice | About 10 working days from filing |
| Challenges by third parties | Raised before the mark is registered | Can be raised for three months after publication, through a cancellation action |
| Official fees | Standard rates (see below) | Higher official fees at each stage |
| Best suited to | Brands where there is no urgency | Launches, disputes or situations where a registered mark is needed quickly |
The accelerated route is not a way around examination, because the grounds for refusal are still checked, only faster. What it changes is when risk is settled. A certificate arrives in days, but the mark stays open to a cancellation action for three months, so the preliminary search matters even more. It suits a distinctive name where the search found no conflicts, and it is a poor fit for a name that is close to existing marks.
What the Official Fees Are
| Stage | Official fee, one class | Notes |
|---|---|---|
| Formal examination | 90 USD | Paid in lari at the USD equivalent |
| Substantive examination | 120 USD | |
| Publication | 60 USD | |
| Registration | 150 USD | |
| Total, first class | 420 USD | Each additional class adds 50 USD |
| Renewal, every 10 years | 300 USD per class | Reported by one guide, so confirm the current figure before renewing |
These are the state fees only. They do not include a search, the preparation and filing of the application, any response to an examiner's objection, or representation, which are professional costs that depend on who handles the application.
Foreign Applicants
Foreigners can register trademarks in Georgia, and a foreign brand owner does not need a Georgian company just to hold one. Applicants who have no residence or registered entity in Georgia generally file through an authorised representative, usually a patent attorney, and guides differ on how strictly this is stated. Using a representative also means someone local deals with the office's questions and deadlines.
Keeping the Trademark After It Is Registered
A registration lasts 10 years and can be renewed for further 10-year periods on payment of the renewal fee. Three things decide whether it stays valuable:
Use the mark in Georgia
Any interested party can challenge a registration in court if the mark was not used during the five years before the claim. A registration that sits unused is exposed.
Renew on time
The 10-year term has to be renewed with the fee, or the protection ends.
Enforce it
The owner can seek injunctions and damages, and can record the mark with Georgian Customs so that counterfeit goods can be intercepted when they enter or leave the country.
A national registration covers Georgia only. If the business sells elsewhere, protection abroad needs separate filings, and a Georgian registration can be extended to other countries through the Madrid system, which reaches more than 100 member countries through a single application. Which countries to cover is a business decision worth making before the first filing rather than after a conflict.
Legal Vista is a Georgian corporate law firm that has served expatriates since 2017. We can run the preliminary search, advise on the classes, prepare and file the application with Sakpatenti, and follow it through examination, publication and registration, including for clients who are not in Georgia.
If you are planning to protect a brand, reach out to us before you launch or file anywhere: info@legal-vista.com, or WhatsApp +995 599 848 487.
Frequently Asked Questions
Can a foreigner register a trademark in Georgia?
Yes. A foreign owner can register without a Georgian company, and applicants with no presence in Georgia generally file through an authorised representative.
How long does registration take?
On the standard procedure, the time limits in the law add up to about 12 months: up to two months for the formal examination, up to six for the substantive one, a month to publish and three for opposition. In practice it can take longer, because of requests for additional material, suspensions or appeals, and some firms report 14 to 17 months. An accelerated procedure at higher official fees can finish in about 10 working days.
Is the accelerated procedure a shortcut with a catch?
The catch is timing, not quality. The grounds for refusal are still checked, but the three-month period in which others can challenge the mark runs after registration rather than before it. A thorough search first is what keeps that risk low. Official fees are also higher.
Can I use the brand while the application is pending?
Yes. Pending applications carry certain protections from the filing date, which is one reason to file early.
How long does a trademark last?
10 years from registration, renewable indefinitely for further 10-year periods on payment of the renewal fee. Renewal is requested in the tenth year, and there is a six-month grace period after expiry.
What happens if I do not use the trademark?
Any interested party can challenge the registration in court for non-use during the five years before the claim, so a registered brand should actually be in use in Georgia.
Does a Georgian trademark protect me in other countries?
Not by itself. It covers Georgia, but it can be extended to other countries through the Madrid system with a single application.
