Trademark law amendments entered into force in Georgia on 8 March 2024, aiming to improve legal protection of trademarks and align Georgian legislation with that of the European Union.

The key amendments are outlined below:

• Chapter VI now allows for the registration of certification marks.

• The definition of a trademark has been broadened to encompass symbols including words, names, letters, numbers, sounds, images, colors, and even the shape of goods or their packaging.

• A new addition to Article 4 prohibits the registration of trademarks for plant varieties if the trademark contains or coincides with the name of a protected plant variety.

• A letter of consent is now accepted as a viable document for overcoming refusal in cases of trademarks refused for being identical or similar to another trademark.

• Article 6, concerning exclusive rights, now explicitly prohibits the use of a trademark as part of a company name.

• Class headings no longer cover all goods and services from that class, and the literal interpretation is adopted when interpreting common names of goods listed in new applications and existing registrations. Applicants and trademark owners have been given five years from the law’s entry into force to revise and clarify the lists of goods and services in their applications and registrations.

• The formal examination term has been shortened from two months to one month from the application filing date, while the timeframe for fee payment has been shortened from one month to 15 days from the application filing date.

• Applicants can request an accelerated substantive examination within three months from receiving the formal examination decision. In practice, the accelerated examination lasts between two and three weeks, while the regular substantive examination lasts around six months from the end of the formal examination.

• In cancellation proceedings before the IPO Board of Appeals, a trademark owner can now request that the adverse party who filed a claim submit evidence proving use of their earlier trademark in Georgia during the preceding five years. In case of failure to provide such evidence or valid reasons for non-use of the earlier trademark, the proceedings will be terminated. If the earlier trademark was used in respect of only a part of the registered goods, for the purposes of the proceedings it will be deemed to be registered only in respect of those goods.

• Division of a trademark into two or more identical trademarks is now permissible, provided that the lists of goods of the trademarks resulting from the division do not overlap.

These amendments not only bolster trademark protection but also streamline procedures, ensuring a more efficient and transparent trademark registration process.

By: Igor Alfiorov

For more information, please contact Igor Alfiorov at our Azerbaijan office.