Georgian courts have materially tightened their approach to intellectual property enforcement over the past 18 months. Rights holders who registered marks or filed infringement claims under older procedural assumptions are now encountering stricter evidentiary standards and faster-moving opposition proceedings than they expected.
Georgian intellectual property legislation has been updated to align more closely with international standards, affecting how trademark applications. Infringement claims. Additionally, opposition proceedings are handled before the Sakpatenti (National Intellectual Property Center of Georgia) and the domestic courts. Rights holders must now submit stronger documentary evidence at the outset of any infringement claim. The practical deadline for adjusting existing IP portfolios and enforcement strategies is immediate – delays risk losing priority or having pending registrations challenged successfully.
This alert explains what has changed, which businesses are most exposed, and the specific steps international companies should take now to protect their IP position in Georgia.
What has changed and when it took effect
Georgia's Sakpatenti has introduced revised examination guidelines that raise the threshold for accepting trademark applications in classes with high registration density under the Nice classification system. Applications in technology, consumer goods, and food and beverage categories now face more rigorous distinctiveness reviews. Examiners are returning a larger share of filings with deficiency notices, requiring applicants to supply additional evidence of acquired distinctiveness or to narrow their goods-and-services specifications.
Separately, Georgian courts have shifted their approach to IP registration disputes. Opposition proceedings that previously moved through administrative review in roughly four to six months are now taking eight to twelve months in contested cases. Courts are accepting more third-party oppositions on relative grounds – particularly likelihood of confusion – and are applying a broader territorial scope when assessing well-known mark status.
For infringement claims brought in civil proceedings, courts now consistently require rights holders to present chain-of-title documentation. Evidence of genuine use for marks more than five years old. Additionally, a quantified damages methodology at the pleading stage. Filing an infringement claim without this material risks early dismissal or a request for security for costs.
These developments reflect Georgia's ongoing legislative alignment with World Trade Organization (WTO) intellectual property obligations and its association commitments with the European Union. They are effective immediately for all pending and new matters.
For companies also operating in neighbouring jurisdictions, our alert on IP enforcement developments in Russia provides a useful comparative perspective on regional enforcement trends.
Who is affected and what is at risk
The following business categories face the most immediate exposure.
- International brand owners with trademark registrations or pending applications in Georgia that have not been reviewed since the new examination guidelines took effect.
- Technology and software companies whose IP registration strategy relies on broad class specifications under the Nice classification – these are now subject to closer scrutiny.
- Companies in active opposition proceedings where the extended timeline affects litigation budgets and interim injunction strategies.
- Rights holders pursuing infringement claims who have not yet assembled the documentary record now required at the pleading stage.
Companies that have not filed a trademark application in Georgia but rely on international registrations through the Madrid Protocol should verify whether their designations remain adequately protected under current Georgian examination practice. A gap in local coverage creates an opening for bad-faith filers to register confusingly similar marks.
For international companies with technology assets that intersect with digital regulation, our overview of AI and technology law in Georgia sets out how IP and technology regulation interact in this jurisdiction.
To receive an expert assessment of your IP portfolio exposure in Georgia, contact us at info@ferrazwhitmore.com.
Immediate actions for international companies
Rights holders and counsel should prioritise the following steps without delay.
- Audit pending trademark applications. Review all active filings at Sakpatenti for compliance with the revised distinctiveness requirements. Respond to any deficiency notices within the prescribed deadline – typically two months from the date of issue.
- Verify genuine use documentation. For marks registered more than five years ago, compile evidence of commercial use in Georgia. This evidence must be jurisdiction-specific; use in neighbouring markets does not satisfy Georgian requirements.
- Assess opposition exposure. Identify registrations or applications that could attract third-party oppositions under the broader likelihood-of-confusion standard now applied by Sakpatenti and the courts.
- Prepare an infringement file before filing. Before initiating any infringement claim, assemble chain-of-title records, a damages estimate, and evidence of the infringing acts in a form the court will accept at the pleading stage.
- Confirm Madrid Protocol designations. If your Georgian coverage rests on an international registration, confirm that the designation is current and that your specification maps correctly to the Nice classification classes examined under the new guidelines.
Detailed guidance on IP registration and enforcement strategy in this jurisdiction is available from our intellectual property practice in Georgia.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our intellectual property practice covers trademark application strategy, IP registration, opposition proceedings, and infringement claim management across both civil law and common law systems. We work with international entrepreneurs, technology companies, and institutional investors who need results-oriented counsel in high-growth and emerging markets, including Georgia and the broader CIS region. As an international law firm with experience before Sakpatenti and Georgian civil courts, we assist clients in building and defending IP portfolios that meet current enforcement standards. Engaging a lawyer in Georgia with cross-border IP experience is particularly important where Madrid Protocol designations and local registrations interact. To discuss your IP position in Georgia, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.