Assessing a Trademark’s Registrability Before Starting a Business in Georgia

Registrability is assessed in relation to the goods and services for which the sign is to be applied for. Coined terms and unusual word combinations often have greater distinctive character than directly descriptive indications. Generic terms, customary advertising claims, and purely descriptive indications of the type, quality, origin, or purpose of an offering may be unsuitable for the goods or services concerned. For word marks, the meaning in Georgian, Latin-script spellings, and recognizable transliterations must be examined together. A graphic element also does not automatically make a factually descriptive term protectable in its entirety as a word element. Signs may also be excluded if they deceive the public or conflict with public order or accepted principles of morality. State emblems, official marks, and other specially protected public symbols may not be included in a trademark without a legal basis. The proposed version of the sign and the list of goods and services should be coordinated before filing. Sakpatenti examines the application under the applicable Georgian requirements for protection. A positive registrability assessment does not replace a search for earlier identical or similar trademark rights.