Registration of a trademark on behalf of a foreigner. Is it possible to include in the trademark designations of historical place names

Registration of a trademark on behalf of a foreigner. Is it possible to include in the trademark designations of historical place names

A foreign citizen applied to Just Advisors with a request to register the ANAT Elegance trademark; MILAN-ZURICH-TBILISI. At the time of submission, the Client did not have a residence permit, citizenship or residence of Georgia. All actions were carried out by our company on behalf of the Client on the basis of a power of attorney. The legislation of Georgia allows the registration of trademarks on the territory of the country by foreign applicants.

The matter was complicated by the fact that the content of the name of the registered trademark contains the verbal element TBILISI, which is the existing or historical name of a Georgian city.

On the basis of the Law of Georgia «About Trademarks», it can be included in the name of the trademark as an unprotected part of the mark, only with the consent of the Ministry of Culture, Sports and Youth of Georgia (hereinafter − the «Ministry»). In this case, the consent must be obtained by the applicant himself.

The registration procedure in this case goes through the following stages:

  1. Submission of an application for registration of a trademark in an expedited manner with the issuance of a certificate in 10 days.
  2. After accepting the application for production, Sakpatent sends a letter to the applicant with a request to obtain consent from the Ministry and gives 15 calendar days for this. In this case, the registration of the trademark is suspended.

It is important during this period to apply to Sakpatent with a request to extend the specified period for a month in order to have time to receive a response from the Ministry. Otherwise, if, after 15 days, a response from the Ministry is not provided, the registration process is terminated, the state duty is returned, with the exception of the cost of the formal examination. As a result, you will have to submit documents again.

  1. Within a month, a positive response was received from the Ministry on the possibility of including the verbal element TBILISI in the trademark and sent to Sakpatent with a request to attach the document to the registration file.
  2. Renewal of registration of a trademark and obtaining a certificate.

Thus, the lawyers of the company helped a foreign citizen to register a trademark on the territory of Georgia, containing the historical name of the area, in an expedited manner.

Contact our company and register a trademark simply and quickly!

You can read more about registration of a Trademark in Georgia in our article