Trademarks for goods and services registered in the territory of Georgia or protected under the Madrid Agreement on the international registration of trademarks, as well as non-registered trademarks which have acquired general notoriety among a substantial segment of the general population as a result of its active use can be recognized as well-known trademarks.

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

The regulatory act under which a 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 a case where 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 an Application filed by an interested natural or juridical person.

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 three (3) months from the filing date.

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

Evidences certifying a trademark as well-known

These include documents which can confirm:

  • Intensive use.
  • The extent of well-knownness of the mark.
  • The duration and geographical scope of the use of the trademark globally.
  • Promotion activities of the trademark, including advertising and exhibitions of goods and services, for which the trademark is applied.
  • The costs for advertising of the trademark (annual financial report).
  • Any registrations or applications for registration, indicating the use or recognition of the trademark.
  • Successful exercise of rights of the trademark in other contracting parties of the Paris convention.
  • The value of the trademark.
  • Survey reports of corresponding circles of customers, actual consumers of the goods and services for which the trademark is applied.
  • Results of marketing surveys demonstrating the share of the company on the market.
  • Recognition of the trademark as well-known in other countries.
  • The value of the trademark as an intangible asset.
  • Other evidences which might be significant in the recognition of the trademark as well-known.

The 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 trademark, falls within the purview of the court which will deal with the case on the basis of the Application.