WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/GEO/T/1
15 April 2002
(02-2065)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
GEORGIA
The present document reproduces the text1 of the Law on Trademarks, as notified by Georgia
under Article 63.2 of the Agreemen t (see document IP/N/1/GEO1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
GÉORGIE
Le présent document contient le texte1 de la Loi sur les marques, notifiée par la Géorgie au
titre de l'article 63:2 de l'Accord (voir le document IP/N/1/GEO/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
GEORGIA
En el presente documento se reproduce el texto
1 de la Ley de Marcas de Fábrica o de
Comercio, notificado por Georgia en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el
documento IP/N/1/GEO/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/GEO/T/1
Page 2
LAW OF GEORGIA ON TRADEMARKS
CHAPTER I. GENERAL PROVISIONS
ARTICLE I. PURPOSE OF THE LAW
The Law regulates the relations connected  with registration and protection of
trademarks, service marks and collective mark s, as well as with use of these marks.
ARTICLE 2. EXPRESSIONS USED IN THE LAW
For the purposes of this Law, unless expressly stated otherwise:
a) “Sakpatenti” means a legal entity governed by the public law, which creates the legal
grounds for acquisition of the rights of natura l persons and legal entities in the sphere of
intellectual property.
b) Paris Convention - the Paris Convention for the Protection of Industrial Property,
signed at Paris on March 20, 1883, as revised and amended at Stockholm on July 14, 1967and on September 28,1979.
c) Madrid Protocol - Prot ocol Relating to the Madrid Agreement Concerning the
International registration of  marks signed on June 27, 1989.
d) International Classification - the classification established by the Nice Agreement
Concerning the International Classification of Goods and Services for the Purposes of the
Registration of Marks, signed at Nice on June 15, 1957, as revised at Stockholm on July 14,
1967 and Geneva May 13, 1977.
e) Certificate - the document granted in the name of the trademark holder in respect to
this Law, confirming the exclusive rights of the trademark holder.
f) Application - collection of documents necessa ry for granting of a certificate, made in
respect to the approved requirements.
g) Applicant - a natural person or legal entity requesting for securing of the certificate.h) Priority - privilege enjoyed by the application filed earlier, than the application filed
later.
i) Convention priority - priority establishe d in regard to the Article 4 of the Paris
convention.
j) Exhibition priority - priority established in regard to the Article 11 of the Paris
Convention.
k) Patent Attorney - the authorized person registered at Sakpatenti entitled to represent
third parties in the sphe re of industrial property.
l) Chamber of Appeals - the body existing at Sakpatenti for consideration of the litigation
arising in regard to the acquisition of the rights on industrial property objects.
m) Association - any association of the producers established in respect to the legislation
of Georgia or in respect to its country of origin.IP/N/1/GEO/T/1
Page 3
ARTICLE 3. TRADEMARK
1. A trademark is a sign or a combination of signs, which can be represented graphically
and is capable of distinguishing the goods a nd/or services  (hereinafter goods) of one
undertaking from those of other undertakings.
2. The sign can be a word or words, as we ll as personal names, le tters, figures, sounds,
designs, three-dimensional figures, including th e shape of goods or their wrapping as well as
other packaging, including colors or combination of colors.
3. The trademark is protected by its registrati on at Sakpatenti or on ba sis of international
agreement.
4. The well-known trademarks in Georgia are protected without registration under
Article 6bis of the Paris Convention.
ARTICLE 4. ABSOLUTE GROUNDS FOR REFUSAL ON 
REGISTRATION
1. As a trademark shall  not be registered  a sign, or combination of signs which:
a) does not comply with the provisions of Article 3 paragraph 2 of this Law;
b) are devoid of any distinctive characte r with respect to the relevant goods:
b.a.) consists exclusively of kind, quality, quantity, characteristics, value, intended
purpose, geographical origin, place of sale, time or other characteristics of the goods or areregarded as such;
b.b.) is widely used as a generic term for certain type of goods;b.c.) represents a widely established  term in  trade, or sign for which the registration is
required;
c) irritates or is contrary to the national dignity, religion and traditions, norms of
morality;
d) is likely to deceive the public as to the nature, quality, the geographical origin or
other features of the goods;
e) coincides fully or by any constituent element with an armorial bearing, flag,
emblem of a foreign state, its full name or abbreviation; international or intergovernmentalorganization emblem, its full na me or abbreviation; official control, warranty, testable
hallmarks, sign (among them certification sign  of goods accordance), seal, order and medal;
existing or historical name of the territorial unit of Georgia, its armorial bearing, flag,emblem, banknotes or their imitation. Such signs shall be included in a trademark as an
unprotected part, if there is a permissi on of Ministry of Culture or a holder.
2. As a trademark shall not be registered such a three-dimensional sign, the shape of
which:
a) is conditioned only by the nature of the goods;b) is necessary to obtain a technical result.3. The subparagraph "b" of paragraph 1 of this  Article shall not a pply if before taking
a decision on registration of the trademark, this mark has become distinctive in relation to thegoods indicated in the application in conseq uence of the use in the course of trade.IP/N/1/GEO/T/1
Page 4
ARTICLE 5. RELATIVE GROUNDS FOR REFUSAL ON 
REGISTRATION
A trademark shall not be registered if, it:
a) is identical with the trademark registered in regard to the same goods;b) is identical with the trademark of third party and the goods are similar to such an
extent that, there exists the likelihood of confus ion of  the marks, including confusion based
on association;
c) is similar to the trademark of third pa rty and the goods are identical or similar to
such an extent, that there exists the likelihood of confusion of the marks, including confusion
based on association;
d) is identical with or similar to the well known trademark in Georgia, that there exists
the likelihood of confusion with it, including  confusion based on association. This rule
applies even in the case when the list of the goods are different.
e) is identical with or similar to the appellation of origin or geographical indication
protected in Georgia that causes the likeli hood of confusion with it, including confusion
based on association;
f) is identical with the industrial design protected in Georgia except the cases when
the registration of the trademark is sought by the holder of the exclusive right on the
industrial design;
g) is identical with or similar to the third party’s registered trademark enjoying good
reputation in Georgia, and the use of this trademark creates the unfair advantages for itsapplicant, or damages the reputa tion of the protected trademark. This rule is applied in the
case where the lists of goods are different;
h) contains names, pseudonyms, facsimiles,  portraits of famous in Georgia persons
without the consent of these persons or their  legatees, and if they are the property of the
history and culture of Georgia without the per mission of the Ministry of Culture of Georgia;
i) contains the names of the historical monuments of Georgia or their reproduction
without the permission of the Ministry of Culture;
j) contains the firm name cau sing the likelihood of confusion.
ARTICLE 6. EXCLUSIVE RIGHT
1. The exclusive right of a holder on a tradem ark protected by registration arises from
the date of the mark registration.
2. The person enjoying exclusive right can prohibit third parties to use without his
consent in the course of trade such a mark, which in respect to the protected trademark of theperson enjoying exclusive rights, is:
a) identical and the goods are identical as well;b) identical with,  and the goods are similar to such an extent that, there exists a
likelihood of  confusion, which include s confusion based on association; 
c) similar to, and the goods are identical with  or similar to such an extent, that there
exists the likelihood of confusion of the marks, which includes confusion based on
association;
d) identical with or similar to and due to the good reputation of the  trademark
protected in Georgia the use of the mark creates unfair advantages for the third parties ordamages the good reputation of the trademark or its distinctive ability.IP/N/1/GEO/T/1
Page 5
3. In the cases provided for by the paragra ph 2 of this Article apart from the other
possible prohibitions, there is prohibited to:
a) affix the trademark on goods or their packaging;b) offer, put in the market, or to stock them for this purpose, import or export the
goods under this mark, except the cases wher e this action is conducted with the goods
bearing a sign affixed by the person having exclusive rights on the trademark;
c) offer or render services using this mark;d) use this mark for adver tisement or business papers.
4. Without the consent of trademark hol der,  the third party is prohibited:
a) to affix a sign identical with or similar to this trademark on the packaging
materials, labels, tags, etc.
b) to offer, put in the market, sell, prepare for sale, to import or export  the packaging
material, or wrapping affixed with a mark identical to or similar with this trademark.
ARTICLE 7. SCOPE OF EXCLUSIVE RIGHTS
1. The person enjoying the exclusive right on the trademark shall not be entitled to
prohibit the third parties from using in the course of trade:
a) his (her) personal name or address, if  they coincide with the trademark of the
person having the exclusive right;
b) the sign or combination of signs as indi cations concerning the characteristics of the
goods, in particular, the kind quality, quantity,  nature, value, intended purpose, geographical
origin, place or time of sale, or the other features of the goods;
c) the protected trademark where it is necessary to indicate the intended purpose  of
the goods, in particular, if the goods affixed w ith this trademark are used as accessories or
spare parts, provided that such use is not contra ry to accepted principles of fair practices in
production.
2. The person enjoying the exclusive right on the trademark  shall not prohibit third
parties to use the protected trademark on such goods, which have been put in the course of
trade directly by the holder of the trademark or on basis of his consent.
This rule shall not apply, if the features  of the goods have changed, the quality has
become worse or there exists othe r important grounds for the prohibition.
ARTICLE 8. REPRODUCTION OF TRADEMARK IN
REFERENCE BOOKS
If the reproduction of a trademark in a dic tionary, encyclopedia or other reference
work gives the impression that it constitutes the generic term of goods for which it has been
registered, or its registration is required, the publis her shall, at the request of the holder of the
indicated mark, ensure that the reproduction of the trademark in the next edition of the
publication is accompanied by an indicati on, that it is a registered trademark.IP/N/1/GEO/T/1
Page 6
                                             CHAPTER II
         ACQUISITION AND MAINTENANCE OF THE TRADEMARK 
                                                  RIGHTS
ARTICLE 9. APPLICATION FOR A TRADEMARK REGISTRATION
1. An application for registration shall be f iled with Sakpatenti by an applicant or his
representative.
2. The application is drawn up in Georgian la nguage in respect to the established rule.
3. The foreign applicant,  who has no pe rmanent residence or a real undertaking
within the territory of Georgia conducts his relations with Sakpaten ti only through a patent
attorney registered at Sakpatenti.
4. The application shall apply to only one trademark.5. The application at filing w ith Sakpatenti must contain:
a) a request for a trademark registration;b) a full name and legal address of applicant;c) a representation of a trademark;d) a list of the goods for which the registra tion is sought. It is permitted to present a
list of goods in a foreign language, the Georgi an translation of which shall be presented to
Sakpatenti within one month from th e date of filing the application;
e) a name and address of the representativ e, if the application is filed by him;
f) an application shall be signed by  the applicant or his representative.
6. All the other data and the list of the documents necessary for examination, the
terms and conditions of their presenting ar e defined by the legislation of Georgia.
ARTICLE 10. DATE OF FILING AN APPLICATION WITH SAKPATENTI
The date of filing of an application with Sakpatenti shall be the day on which the
applicant files it to Sakpatenti, if the presented application complies with the requirements ofArticle 9 paragraphs 2 and 5.
ARTICLE 11.  PRIORITY
1. A trademark priority is established by th e date of filing an a pplication, if the fee
prescribed for the examination shall be paid no later than in one month after filing theapplication. If for several identical trademarks  were filed the applications by one and the
same filing date, then the priority is established as of the date starting the actual use of thetrademark.
2. The trademark priority can be established by the filing date of the first application
with the State party to the Paris Convention (her einafter referred to as "Convention priority"),
if from this date no longer than six months have  passed to the date of  filing the application
with Sakpatenti.
3. The priority of the trademark displayed on the exhibit presented at an official or
officially recognized international exhibition he ld in the State party to the Paris Convention is
established by the first day of exhibition (exhibition priority), if he files the application withina period of six months from the date of disp lay of the trademark at the exhibition. The
exhibition and Convention priorities  do not extend each others term.IP/N/1/GEO/T/1
Page 7
4. The applicant who wants to enjoy the C onvention, or the exhibition  priorities, is
obliged to notify Sakpatenti of his intention within one month from the date of filing theapplication with Sakpa tenti, and, within three months from the filing date, present the
evidence confirming the right on such a claim.
5. The fee determined by the established ru le for Convention and exhibition priorities
shall be paid to Sakpatenti within one month from the filing date of the application.
ARTICLE 12. EXAMINATION OF TRADEMARK APPLICATION
1. Sakpatenti conducts the exa mination as to form and s ubstantive examination of a
trademark application.
2. Sakpatenti is authorized to require from an applicant the additional materials
needed for the examination. The additional mate rials shall be furnishe d to Sakpatenti within
two months from the date the relevant notification is handed to the applicant. If the applicantfails to comply with the established term, Sakpatenti shall take the decision to reject theapplication.
3. The application, where the list of goods cont ains two or more names, at the request
of the applicant before the registration of th e trademark shall be divided into two or more
applications, by redistribution of the goods and services of the first application on each
application, after paying the fee by prescribed rule. The divided applica tions preserve the date
of filing of the first application.
4. Sakpatenti gives the information on tradem ark applications only after establishing
the priority.
5. The applicant has the right to:a) require suspension of consideration of his own application at any stage of
examination after paying the prescribed fee, but no longer than three months;
b) familiarize himself with the materials applied at examination and require the
copies;
c) before establishing the application prio rity, to fill, amend, correct or specify the
application material. After establishing of the application priority, the mentioned changes arepossible only after paying the prescribed fee,  but no later than the registration of the
trademark. If the additional ma terials expand the list of goods  or essentially change the
presented sign, then such information is not taken into account;
d) withdraw the application be fore the trademark registration.
6. The rules of drawing up the application and filing, of examination, of opposing the
examination decision, suspension of the procedur al terms, of extension and renewal, also
other rules respecting the trademark registration are defined by the instruction “On Filing theApplication for Trademark and Procedures Resp ecting the Registration” approved by the rule
defined under the legislation of Georgia
ARTICLE 13. EXAMINATION AS TO FORM
1. The examination as to form shall be c onducted within two months after filing the
application and  if  the applicant claims the Convention or exhibition priority - within the
term provided for by the Article 11 paragraph 4 of this Law. If the applicant was send a
notification requiring the additional materials, the examination is retained till the receipt ofthe response on notification, but no later than th e term defined by the Article 12 paragraph 2
of this Law.IP/N/1/GEO/T/1
Page 8
2. The examination as to form checks whethe r the application is drawn up in respect
to this Law.
3. If the application satisfies the requirement s of Article 9 paragr aphs 2 and 5 of this
Law, a document shall be issued in the name of the applicant on the establishment of the dateof filing the application, with the indication of  the office number and a list of documents.
Otherwise, the applicant shall receive notific ation of well-grounded refusal on accepting the
application.
4. If the application fee is not paid within one month from the date of filing the
application, or is paid the amount  which is less than the amount established for one class,
Sakpatenti takes the decision on re jecting the application. Where w ithin this term is paid the
amount less than the amount established for pres entation of  the classes specified by the
application, but not less than for presentation of  one class, the examin ation shall cover the
classes selected by the applicant, and, in the ca se of lack of such se lection, it shall cover as
many of the first classes for which the paid amount shall be enough.
5. On basis of examination as to form Sakpatenti takes deci sion on accepting the
application for examination and es tablishing of the priority or on rejecting the application and
notifies the applicant.
ARTICLE 14. SUBSTANTIVE EXAMINATION
1. The substantive examination is carried out within six months period from ending
the examination as to form;
2. The substantive examination verifies wh ether there exist the grounds for refusal
pursuant to the Articles 4 and 5 of this Law.
3. On the basis of the substantive examina tion, the applicant is sent the decision on
registration, or refusal on a trademark registrati on for the whole list of goods or for its part.
ARTICLE 15. PUBLICATION
1. After taking a decision of substantiv e examination on a trademark registration
Sakpatenti within one month publishes the trademark data in the Official Bulletin of theIndustrial Property (hereinafter  referred to as "Bulletin").
2. If the applicant enjoys the right defined in the Article 16 paragraph 2, the
publication of the data of the application in the Bulletin sha ll be conducted w ithin one month
after the Chamber of Appeals takes the decision.
3. The following shall be published in the Bulletin: representation of the trademark,
the data and address of the holder, the list of those goods grouped in respect to the
International Classification for which the tradem ark registration is required, the priority date
of the trademark.
ARTICLE 16. OPPOSITION TO THE EXAMINATION DECISION AT
THE CHAMBER OF APPEALS
1. The decision of the examination as to fo rm on rejection of the application shall be
opposed by the applicant at the Chamber of Appeals within 3 months after taking the
decision.IP/N/1/GEO/T/1
Page 9
2. The decision of the substantive examina tion on refusing the trademark registration
respecting the full list of the goods or its part can be opposed by the applicant at the Chamber
of Appeals within 3 months after taking the decision.
3. The decision of the substantive examina tion on registration of the trademark can be
revised in respect to the Article 11 of this Law relating the filing with Sakpatenti of theapplication having earlier priority.
4. Within three months period following the date of publication of the trademark data
in the Bulletin, any party concerned has right to  bring an action to the Chamber of Appeals
against the decision of the examination.
5. The Chamber of Appeals shall consider th e appeal within two months from the date
of its filing.
6. The decision of the Chamber of Appeals can be appealed against at the court.
ARTICLE 17. TRADEMARK REGISTRATION
1. If, after publication of the  trademark da ta, within 3 months on basis of an appeal
the Chamber of Appeals takes decision on regist ration of trademark, Sakpatenti registers the
trademark in the Register of Trademarks (hereinafter referred to as the "Register").
2. The Register shall contain: a representa tion of  trademark, the information about its
holder, the date of the trademark priority, the date of the trademark registration, a list of the
goods grouped in respect to the Internati onal Classification for which the trademark is
registered, and other information regarding the registration.
3. Any person in question is authorized, after filing a proper application with
Sakpatenti, to familiarize himself with the regist er data and, in the case of  payment of the
prescribed fee, demand issuance of th e endorsed extract from this register.
ARTICLE 18. TRADEMARK CERTIFICATE
1. After recording the data  in the register Sakpatenti shall issue a trademark
certificate.
2. The certificate confirms the registration of a sign as a trademark, the date of the
trademark priority, the exclusive right of the holder to the indicated trademark and the term ofvalidity of a trademark registration.
ARTICLE 19. RECORDING OF THE AMENDMENTS IN THE 
REGISTER
1. Each amendment of the data obligatory for registration provided for by the Article
17 paragraph 2 of this Law shall be entered in the Register on basis of a request of trademark
holder or his representative. Whereas, at amendi ng of the list of goods the expansion thereof
is prohibited. The amendments ente r into force after registration.
2. The amendments in the Register shall be published in the following Bulletin.3. The amendments shall be entered in the certificate as well.
ARTICLE 20. VALIDITY TERM OF TRADEMARK REGISTRATION
1. The validity term of a trademark registrati on is defined by ten years, and is counted
from the date of a trademark registration with Sakpatenti.IP/N/1/GEO/T/1
Page 10
2. The validity term of a trademark registra tion can be extended by each following ten
years, without any time-limit. Extension of th e validity  term of registration shall be
conducted on the basis of a request  filed by the holder with Sakpa tenti, after payment of the
prescribed fee. Submission of said request to  Sakpatenti and payment of respective fee shall
be conducted during the tenth ye ar of the certificate validity.
3. The notification on extension of the validit y term of a trademark registration shall
be recorded, by Sakpatenti, in the certificate and the register, and the relevant informationshall be published in the Bulletin.
ARTICLE 21. RE-REGISTRATION OF TRADEMARK
1. Within a year from the expiration of the trademark registration term, the re-
registration of this mark is prohibited, except the cases when the registration is requested bythe last holder of this trademark. This rule shall apply, when the trademark holder renounces
the mark before the expiration of the registration term. In this case one year term shall becounted from the day of trademark nullity.
2. If in the case provisioned by the paragraph 1 of this Article, after expiration of the
above mentioned term, se veral persons, one of them being th e last holder of this trademark,
file applications with Sakpatenti for one and the same trademark, and on the same day,  the
privilege on registration of the said trad emark shall be given to the last holder.
ARTICLE 22. FEES
For the examination as to form of tradem ark application, for substantive examination,
for opposition of the examination decision, for th e mark registration, for the registration of
the amendments, for publication, for granting of the certificate, for the extract from the
Register, for suspending, renewal and exte nsion of the procedure terms respecting
registration, also for the other acts, respecting the legal protection of the trademark shall be
paid the fees defined by the rule prsecribed  under the legislation. The amount of the fees,
conditions for payment are defined by the rule  established under the legislation. Periodically
the amount of the fee shall be revised consid ering the respective in ternational standards,
changes of national currency rate and inflation.
ARTICLE 23. TRADEMARK REGISTRATION ABROAD
The holder of the trademark registered in Georgia has the right under the observation
of the prescribed rule, to present a trademar k for registration in a nother country, or conduct
its international registration.
CHAPTER III. USE OF TRADEMARK AND TRANSFER OF
RIGHTS CONFERRED BY REGISTRATION
ARTICLE 24. USE OF TRADEMARK
1. Under the use of a trademark is considered: its affixing on the goods for which it
has been registered, on its packaging, on the exhibit displayed at exhibition and fairs, signs,official forms, labels, advertisements, publishe d works, also other use of trademark by the
holder of a trademark, licensee or third party on ba sis of assignment of the right by the holderIP/N/1/GEO/T/1
Page 11
of the mark. Under the use of a trademark is also considered the use of a slightly different
sign instead of the registered trademark.
ARTICLE 25. TRANSFER OF RIGHTS CONFERRED BY
TRADEMARK REGISTRATION
1. The rights conferred by the trademark regi stration can be transferred to other legal
entity and natural person on the basis of the rule  established under the legislation of Georgia.
2. The  trademark can be transferred to anot her party with, or without an enterprise.
3. Transfer may be applied to the full list of goods or to its portion.
4. Transfer of the enterprise implies  the  trademark transfer as well, unless the
contrary is provided by the transfer contract.
5. The contract on  the trademark transfer  shall be concluded in a written form.
Unobservance of a written form shall re sult in annulment of the contract.
6. If on basis of transfer do cuments Sakpatenti sh all judge, that a trademark transfer
can mislead a consumer as to the features, qualit y, or geographical origin of those goods for
which it is registered, Sakpatenti shall not record a note about the transfer in the register until
it gets consent from assignee on withdrawing the goods leading into confusion from the list.
7.  At transfer of the trademark the relevant amendments shall be recorded in the
register and  published after payment of the prescribed fee.
8. The new holder of trademark cannot apply the rights conferred by the registration
against the third party, until the amendments regarding the trademark transfer shall berecorded in the Register.
ARTICLE 26. LICENSE CONTRACT
1. The right to the use of a trademark can be conferred by its holder (licenser) to
another person (licensee) on the basis of a li cense contract. The license contract can be
concluded with respect to a full list of goods  or to its portion.
2. The license is exclusive or simple.3. If the license character is not defined by the contract, the license shall be
considered as simple. In this case the licen ser can use the trademark himself or conclude
another license contract.
4. The exclusive license prohibits the license r to conclude other license contracts and
use the trademark, if it is not provided otherwise by the contract. The rights conferred by the
exclusive license shall be in force during the validity term of trademark registration, unless
provided otherwise by the contract.
5. The licensee is prohibited to transfer the rights conferred by the license contract or
to issue a sublicense, even in the case if it is not provisioned directly by the contract.
6. In the case of infringement of license contract the trademark holder has the right to
apply his exclusive rights pursuant to this Law in regard  to the licensee, if the infringementrelates to contract term, the form of trademark use, the list of goods for which the license was
issued, territory, where the trademark can be us ed, the quality of goods or rendered service.
7. The license contract on the trademark is registered at Sakpatenti and the respective
information is published in the Bulletin after paying of the prescribed fee.
8. In the case of infringement of the rights on trademark the licensee brings an action
only by consent of trademark holder.IP/N/1/GEO/T/1
Page 12
9. The licensee shall, for the purpose of co mpensation of damages suffered by him, be
entitled to participate in the Court proceedings against the infringement of the rights ontrademark.
10. The transfer of the rights on trademar k or license shall not affect the license
granted earlier to the third parties.
CHAPTER IV. CANCELLATION OF E XCLUSIVE RIGHTS ON TRADEMARK
ARTICLE 27. GROUNDS FOR CANCELLATION OF TRADEMARK
REGISTRATION
1. A trademark registration shall be  canceled  by Sakpatenti if:
a) upon request of trademark holder;b) at expiration of trademark registration term, if the term has not been extended;
c)  in the case of death of trademark holde r (natural person) if he has no successor, or
while liquidation  of a legal entity is not created a legatee;
d) there exists an application having the earlier priority pursuant to the Article 11;
2. The trademark registration shall be canceled by the Court at the request of the third
party if:
a) within a continuous period of five year s the trademark has not been put to use in
connection with the goods in respect of which it is registered in Georgia. No person may
claim the revocation of the trademark registra tion, where during the interval between expiry
of five-year period and the filing of the cancellation request the use of the trademark has beenstarted or resumed;
b) the trademark has become a generic term  for the goods for which it was registered;
c) where at taking the decision there exis t the grounds for revocation considered under
Article 5 of this Law.
d)  in consequence of the use of the trad emark made of it by its holder or with his
consent, the trademark is liable to mislead the public as to the nature, quality, features, value,or  geographical origin.
3. Where the grounds for revocation of rights exist in respect of only part of the goods
for which the trademark is registered, the registration shall be canceled in respect of thosegoods.
ARTICLE 28. RECOGNITION OF REGISTRATION NULLITY
1. A trademark registration shall be recogniz ed annulled by the Court at the request of
third party, if it has been registered in breach of Article 4 of this Law.
2. Where the grounds for nullity exist in respect of only part of the goods for which
the trademark is registered, the registration shall be canceled in respect of those goods.
ARTICLE 29. RESULTS OF RECOGN ITION OF THE TRADEMARK 
REGISTRATION  CANCELED OR ANNULLED
1. If the trademark registration is canceled in accordance with Article 27 of this Law,
the rights conferred by the registration shall be considered terminated from the date of takingthe decision on revocation.IP/N/1/GEO/T/1
Page 13
2. If the trademark registration is consider ed annulled in accordance with Article 27 of
this Law, the rights conferred by the registration shall be considered annulled from the day ofarising of the rights on the trademark.
3. The compensation of the damages is re gulated by the Civil Code of Georgia.
CHAPTER V.  COLLECTIVE MARK
ARTICLE 30. RIGHTS ON COLLECTIVE MARK
1. A collective mark is a sign or combination of signs, which within the meaning of
the Article 3 of this Law may be protected as a trademark and is capable of distinguishing thegoods of the members of the collective mark holder association from those other
undertakings regarding the geographical orig in,  common qualitative features or other
features.
2. The holder and the applicant of collective mark can be only an association or a
legal entity governed by public law.
3. It is prohibited to transfer the collective mark, and grant a license for this mark to
the party, which is not the member of the association.
4. All rules of this Law are applicable to the collective mark, if not provided
otherwise by this Chapter of the Law.
ARTICLE 31. USE OF INDICATION OF GEOGRAPHICAL ORIGIN AS 
COLLECTIVE MARKS
1. In addition to the restrictions cons idered under the subparagraph “b” of the
paragraph 1 of the Article 4 this Law it is ad missible, as an excepti on,  to register as a
collective mark, such a sign which designates the place of geographical origin of the goods
(place, district, region, name of the country or  other indications designating the geographical
origin of the goods).
2. The indication of geographical origin is not  used as a collective mark for the goods,
which did not originate from the respective ge ographical place, district, region, country, if
such an indication leads to the confus ion as to the origin of the goods.
3. If the indication of geographical origin includes the special features and quality of
the goods, such indication shall be used as  a collective mark only for the goods having
respective features and quality.
4. The paragraphs 2 and 3 of this Article shall apply to the name, indication and sign,
which are similar to the indication of geographical origin.
ARTICLE 32. REGULATIONS GOVERNING THE USE OF
COLLECTIVE MARK
1. The application for a collective mark shall comply with the requirements of the
Article 9 and must be completed by the regulations  governing the use of collective mark.
2. The regulations governing the use of collective mark shall contain:a) the name and address of the association;b) the names of the members of the association and the legal address;c) the purpose of the association;d) the conditions for the use of a collective mark and  control over its use;IP/N/1/GEO/T/1
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e) the rights and obligations of  the member parties of the association in the event of
infringement of the rights to the collective mark;
f) list of those goods and common characteristics for which the collective mark is
intended.
3. If the collective mark contains a geographical name, the regulation governing the
use of collective mark must provide, that  any person, whose goods originate within the
indicated geographical region, meets the conditions  for use of the  collective mark set out in
said regulations, has the right to become a member of the association and have the authorityto use the mark.
4. Any interested person is entitled to inspect the regulations governing the collective
mark.
ARTICLE 33. EXAMINATION OF COLLECTIVE MARK APPLICATION
In addition to the grounds for refusal on th e registration under the Articles 4 and 5, the
application filed for registration of a collective mark shall be rejected if it does not complythe requirements provided under Articles 30 paragraph 1 and 2 of this Law, unless the
applicant amends said regulations in such  a way, that the grounds for refusal on the
registration ceases to exist.
ARTICLE 34. LIMITATIONS OF COLLECTIVE MARK PROTECTION
 The registration of a geographical name as the collective mark does not entitle its
holder to prohibit the third party to use this name in the course of trade, if the use isconducted by preservation of the norms of fair  competition and the third party has reasonable
grounds to the use of the name.
ARTICLE 35. APPEAL
1. Any person entitled to use a collective mark, has the right to bring an action on
infringement of the right to the use of a collective mark only with  the permission of thecollective mark holder association, unless th e contrary is provided by the regulations
governing  use of collective mark.
ARTICLE 36. ENTERING AMENDMEN TS IN THE REGULATIONS
GOVERNING THE USE OF COLLECTIVE MARK
1. A collective mark holder is obliged to notify Sakpatenti about any changes made in
the regulations governing use of collective mark.
2. In case of making amendments in a coll ective mark regulations, the requirements of
Articles 31 and 32 shall be  taken into account.
ARTICLE 37.  CANCELLATION OF THE COLLECTIVE MARK 
REGISTRATION
The collective mark registration can be canceled:
a) in respect to the Article 27 of this Law;IP/N/1/GEO/T/1
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b) if the holder of the collective mark uses the mark in breach to the collective mark
regulations.
ARTICLE 38. NULLITY BECAUSE OF THE ABSOLUTE GROUNDS 
FOR REGISTRATION REFUSAL
In addition to the grounds defined in Article 28 of this Law, a collective mark
registration can be considered annulled if it has been registered in breach of the requirementsof Article 33 of this Law. If the grounds for the nullity relate to the collective mark
regulations, the registration shall not be consid ered canceled  if a collective mark holder
amends the regulations in such a way, that the grounds for nullity cease to exist.
CHAPTER VI. PROTECTION OF TRADEMARKS UNDER THE PROTOCOL
RELATING TO THE MADRID AGREEMENT CONCERNING THE
INTERNATIONAL REGISTRATION OF MARKS
ARTICLE 39. APPLICATION FOR IN TERNATIONAL REGISTRATION OF
TRADEMARK
1. This Law applies to the trademarks, which are to be secured in respect to the
Madrid Protocol, if there is not provided for otherwise by this Chapter of the law or the
Madrid Protocol.
2. The application for the international registration of trademark shall be filed with
Sakpatenti in respect to the Artic le 3 of the Madrid Protocol.
3. The application shall be completed by th e English translation of list of the goods
grouped in respect to the International Classification.
ARTICLE 40. RECORD OF THE IN TERNATIONAL REGISTRATION
1. If the international registration is conduc ted on basis of the a pplication filed with
Sakpatenti, the date of the international registration and number shall be recorded in theapplication data.
2. If the international registration is conducted on basis of the registration of
trademark at Sakpatenti, the date of the international registration and number shall berecorded in the Register.
3. If the international registration is conduc ted under the paragraph 1 of this Article,
the date of the international registration and number shall be recorded in the Register after theregistration of the trademark at Sakpatenti.
ARTICLE 41. EXAMINATION OF APPLICATION FOR THE 
INTERNATIONAL REGISTRATION OF TRADEMARK
1. On the application for the international registration of trademark only the
substantive examination shall be conducted in respect to the Article 14 of this Law.
2. The terms “refusal on registration”, “cancellation of the registration” and
“annulment of the registration” used in th e Articles 14, 27, 28, 37 and 38 for the application
of international registration of trademarks shall be replaced by the terms “refusal on
protection” and “annulme nt of protection”.IP/N/1/GEO/T/1
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ARTICLE 42. PUBLICATION AND APPEAL
1. The data of the international registrati on of trademark shall be published in the
Gazette of the International Bureau of the World Intellectual Property Organization (WIPO).
2. On basis of the substantive examination on the international registration of the
trademark the date of the international registration and number are published in the Bulletinwithin one month from taking of the decision.
3. The opposition term provided for by the Artic le 16 paragraph 4 of this Law shall be
calculated from the day of publishing the date and number of the international registration of
trademark.
ARTICLE 43. ANNULMENT OF PROTECTION DUE TO
THE NON-USE
If in result to the non-use of trademark there exists basis for nullity of the protection
provided for by the Article 27 paragraph 2 subpa ragraph “a”, the date of the international
registration shall be changed by the date, when the term defined by the Article 5 paragraph 2
of the Madrid Protocol is expiring.
ARTICLE 44. TRANSFORMAT ION OF INTERNATIONAL
REGISTRATION INTO NATIONAL APPLICATION
1. In respect to the Article 9
quinquies of the Madrid Protocol at filing of national
application on basis of the canceled internati onal registration, together with the application
the applicant shall present the document certified by the International Bureau of WIPOconfirming that the international registration before cancellation covered Georgia.
2. If for the day of filing of the application with Sakpatenti the terms defined by the
Article 5 paragraph 2 of the Ma drid Protocol have expired a nd the decision on refusal for the
protection has not been taken, the trademark is re gistered in respect to this Law without the
examination and publication.
CHAPTER VII. ENFORCEMENT OF
EXCLUSIVE RIGHTS ON TRADEMARK
ARTICLE 45. RESPONSIBILITY FOR THE INFRINGEMENT OF THE 
EXCLUSIVE RIGHTS ON TRADEMARK
1. The infringement of the exclusive rights to the trademark results in the
responsibility pursuant to rule defi ned by the legislation of Georgia.
2. In the case of the exclusive rights infringement the holder of the trademark can
appeal to the court and demand:
a) the prevention of acts infringing his rights;b) the compensation of damages;c) destruction of all those labels, pictures, imprints, packaging, packaging materials
and advertisements containing the registered trademark or its copy, resemblance or imitation;
d) destruction of the plates, matrices and clichés prepared for making the trademark
and if separation of the trademark from the goods  is impossible - the destruction of the goods.IP/N/1/GEO/T/1
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CHAPTER VIII. TRANS ITIONAL PROVISIONS
ARTICLE 46. APPLICATIONS FILED  AND CERTIFICATES GRANTED 
BEFORE THIS LAW ENTERS INTO FORCE
1. The applications for registration of the trademarks filed before this Law enters into
force are considered in respect to the resoluti on of the Cabinet of Ministers of Georgia N304
of March 16,1992 “On Approving and Enac ting of the Statute on Trademarks”.
2. The certificates granted for the registered trademarks before this Law enters into
force will be in force after the enactment of the Law.
CHAPTER IX. FINAL PROVISIONS
ARTICLE 47. REPEALED NORMATIVE ACTS
1. At enacting of this Law the following shall be considered as repealed:
a) resolution of the Cabinet of Mini sters of Georgia N304 of March 16,1992 “On
Approving and Enacting of the Statute on Trademarks”.
b) resolution N 483 “On Additional Measures  for Regulation of the Trademarks Use
in Georgia” approved by the Cabinet of  Ministers of Georgia on June 25, 1993.
ARTICLE 48. ENACTING OF THE LAW
This Law shall enter into force in 3 months after publication.
The Law has entered into force on May 25, 1999.
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