The mark for goods and services registered in the territory of Georgia or protectable under Madrid Agreement on international registration of trademarks, as well as a non-registered trademark, which has acquired general notoriety among the relevant circles of people as a result of its active use can be recognized as a well-known trademark

The agency authorized for acknowledgement of the trademark as well-known can be the Board of Appeal or the Court.

The regulatory act under which the mark is recognized as well-known is “The law of Georgia on trademarks” and the subordinate act “Regulations on the Bard of Appeal at the Patent Office in Georgia” in case when the decision on such recognition is taken by the Board of Appeal of Sakpatenti.

The Court will base its decision on “The law of Georgia on trademarks” and on the Code of civil procedure.

Application for recognition of the trademark as well-known

The basis for recognition of the trademark as well-known is the Application filed by an interested natural or juridical person.

The official fee for filing the Application with the Board of Appeal of Sakpatenti is USD 200.
The official fee for filing the Application with the Court is USD 65.

In Sakpatent the Application on recognition of a trademark as well-known is examined during the meeting of the Board of Appeal as an ordinary appeal case with the decision to be issued within 3 months from the filing date.

The Court handles it as an “unanswerable case” under an ordinary Court procedure.

Evidences certifying the well-knownness of the trademark

Evidences certifying the well-knownness of the trademark are the documents confirming:

  • Intensive use
  • Extent of well-knownness
  • Duration and geographical extent of the use of a trademark in the world
  • Any kind of actions on the promotion of the trademark, including advertising, exhibitions of good, for which the trademark is applied
  • Costs for advertising of a trademark (annual financial report);
  • Any registrations or applications on registration, indicating the use or recognition of the trademark
  • Successful exercise of rights to a trademark in other contracting parties of the Paris Convention
  • Cost (value) of a trademark
  • Survey of the relevant customers’ circles, which can really be the consumers of the goods, for which the trademark is applied
  • Results of marketing surveys, indicating the share of the company on the market
  • Recognition of a trademark as well-known in other countries
  • Value of a trademark as an intangible asset
  • Other evidences that can be sufficient for recognition of a trademark as well-known

Decision on recognition of a trademark as well-known, decision to refuse recognition of a trademark as well-known, as well as the termination of the well-known trademarks falls within the purview of the court that will deal with this case on the basis of Application.