Trademark is something that helps you distinguish your brand and your products from competitors. A trademark can be a name, a symbol, a word or a design that is graphically represented. When you register for a trademark and it gets approved, it bestows on you the legal rights to protect the identity of your brand, products, and services. It protects your business from replicas. Consequently, it helps customers to make an informed decision related to the products or services. The two important characteristics of a trademark are-
- Fanciful- a trademark is something imaginative, out-of-the-ordinary and quixotic.
- Arbitrary- it has the quality of being unpredictable, that is, there must be no logical connection to the products or services.
Checklist for Registering a Trademark in Georgia
In Georgia, all the trademarks that are either registered with the Sakpatenti (The National Intellectual Property Centre) or that come under international agreements (the Paris Convention for the Protection of Industrial Property and the Madrid Protocol Treaty for the international registration of trademarks) are protected by the legislature of the country. Before registering a trademark, following things should be kept in mind-
- A natural or legal person or his/her representativecan apply for trademark registration.
- A thorough application with all the necessary requirements in accordance with the legislation of Georgia shall be submitted to the Sakpatenti.
- The application should be in the Georgian language.
- One application for one trademark.
- An application should include the following-
- Name and address of the applicant.
- Name and address of the representative in case the application is not submitted by the applicant himself.
- A formal request for the registration of the trademark.
- A printed high definition impression of the trademark.
- A list of all the products for which the applicant is seeking a trademark.
What are the Benefits of a Trademark?
A trademark is an asset for a business and every asset comes with an abundance of benefits such as-
- A proprietor of a trademark enjoys certain exclusive rights.
- It gives your business a competitive advantage over others.
- It creates value for your brand and your products in the eyes of the customers.
- It gives the proprietor legal rights to prevent others from using the same word, name, phrase or symbol.
- It removes any confusion in the minds of the consumers in regards to the quality of the products.
- It helps the proprietor safeguard his/her investment.
- If a trademark is a design then it transgresses the limitations of language and enables the brand to be recognized on a global level.
- Trademarks help brands to expand beyond their current industry of operations.
- A trademark is like a status symbol that creates a social positioning for the brand.
- The proprietor of a trademark has legal rights to sue someone who infringes the use of his/her trademark.
What to Acknowledge Before Trademark Registration?
With the advantage of a trademark, comes great responsibility. So, before you decide to register for a trademark, take a little time to enlighten yourself for smooth trademark registration.
- It has to be used for a commercial purpose.
- The validity of a trademark is 10 years. It can be extended further by submitting an application and the required fee to the Sakpatenti.
- It should not offend any tradition, religion, or cultural values.
- It should not be identical to an already existing trademark.
- A symbol, a sign or a phrase that is universally accepted without exception, cannot be trademarked.
- It should not misguide or mislead consumers about the features and quality of the products.
- It should not bear a resemblance to Georgian territories, emblems, names of countries, flags, national coat of arms, international organizations, governmental organizations of Georgia, currency symbols, national medals and governmental seals of guarantee.
- It should not create confusion or plausibility of confusion in the minds of the consumers about the brand or the product.
- It should not be identical or similar to any historical monument of Georgia and if it is then the applicant should apply for a formal request to the Ministry of Culture, Monuments Protection and Sports of Georgia.
- If you want to trademark a name or a sketch of a person who is popular in Georgia then you must get a written formal request signed by that person or his/her heir before applying for registration.
- A trademark request shall be rejected by the Sakpatenti if it harms the reputation of an already existing trademark or generates favorable conditions for an applicant.
Trademarks are beyond any doubt indispensable assets to any business and are registered by many in Georgia to protect their products and services from claws of imitators. The fee of registration of a trademark in Georgia is fairly negligible given the perceived value it grants your business. This makes it actually quite a bargain to strike.
Trademark registration comes under the Intellectual Property Rights and if you are looking for such services in Georgia then our experts at Business Setup Worldwide are more than welcome to provide you intellectual property services in Georgia. We make the registration process completely easy as well as quite convenient for you. If you are in need of any advice related to it then you may contact us.