Dear Sir/Madam, This is to inform you that the amendments to the Trademark Law of Georgia concerning the Rule on renewal of trademark registration came into force from March 1, 2006. According to a new Rule, the payment of renewal fees must be effected within the final year before the expiration of previous trademark registration term (former Rule provided only 6 month term). If the renewal is not effected within this period, then the trademark owner is allowed to renew within 6 month grace period counted as from the expiration of previous registration term without penalty (this rule acted earlier as well). If the renewal is not claimed even during the grace period, then the trademark registration is cancelled from the day of expiration of the previous registration term, without the right of reinstatement. It should be noted that according to the previous Law of Georgia on trademarks after the expiration of 6 month grace period, the renewal payment with penalty was allowed within additional 6 month period. The renewal can be applied only by the Patent Attorney on the basis of Power of Attorney. Please pay attention to the above mentioned amendments and let your clients know about these amendments
Dear Sir/Madam, Please take into consideration and notify your clients the following: The amendments to the Law of Georgia on the Border Measures Relating to Intellectual Property came into force in July, 2006. According to these amendments, the Customs Department of Georgia was instructed to create the Trademark Register. The trademark is listed in the Trademark Register on the basis of application submitted with the Customs Department. The application must include the following information: name, address of the trademark owner, extract from the Trademark Register existing under the Georgian Patent Office, which certifies the validity of trademark registration, the particulars of goods bearing the said trademark and the Power of Attorney in the name of representative. It is desirable if the sample(s) of goods bearing the trademark is presented at the Customs Department (if it is possible). The Customs Department accepts the information on probable infringer and counterfeit goods as to recognize the certain goods easily. The term of registration is 2 years. The renewal of registration is possible for 2 years. The number of renewal is not limited if the trademark registration is valid in Georgia. As soon as the Trademark is submitted with the Register of the Customs Department, the goods imported/exported with this trademark or similar trademark are under the Customs Department s control and if the doubt arises on the infringement of trademark owner s rights then the said goods are suspended for a period of 10 days (easily-spoilt goods for a period of 6 days) and the trademark owner is notified of the probable infringements as well as the importer/exporter of these goods. After the inspection of goods the owner of the trademark takes a decision to release the goods or conducts negotiations with the importer/exporter of goods as to achieve the agreement. If the agreement is not achieved, then the trademark owner is obliged to sue at the Tbilisi Civil Court within the period of suspension of goods (10-day term) against the infringer.