What is a trademark? A symbol used to identify goods or services produced by an entrepreneur and distinguishes them from competitors’ goods or services.
What could be a trademark?
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- Any symbols which are graphically represented and capable of distinguishing goods and/or services provided by one enterprise from goods and services provided by another enterprise;
- Symbols may be words, human names, letters, numbers, sounds, images, three-dimensional figures, as well as the shape, packaging, or other appearance of the goods by using a color or a combination of colors.
Having a brand that consumers can recognize and trust is essential to creating a successful business. However, without a business trademark to protect your brand identity. You run the risk of competitors using your business name, slogan or logo. This can tarnish your brand, cause consumer confusion, and potentially lead to legal ramifications and monetary losses.
There are multiple reasons why a business should register their trademark. For example, a brand might have valuable intellectual property that it wants to protect so it can profit through licensing. Or a company may need to get a trademark registered to verify its business on retail platforms, such as Amazon.
What is a trademark, and what does it protect?
It is not mandatory for businesses to register their trademark. It is possible for a company to establish common law rights to a mark based solely on the use of it. However, registering your mark has many advantages – the biggest one being exclusive legal rights. Having legal usage rights over your marks helps you maintain your brand identity and protects it from being copied.
Companies should register business trademarks as soon as possible to avoid complications and monetary damages later on. Some small businesses have made the mistake of investing time and money on branding and marketing their business, only to later find out that another company has federal trademark rights that bar their use.
You want a name that can be protected and won’t be imitated, but you also want the public to have some idea what it is that you are selling when they see your name or logo.
If you have a product or service that people want, it won’t take long for others to copy you.
Trademark registration in Georgia
The trademark registration procedure begins with the filing of an application with Sakpatenti.
The application must be accompanied by:
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- Power of Attorney – if the application is submitted by a representative;
- First copy of application – if convention priority is required;
- Certificate issued by the Exhibition Administration or Organizing Committee indicating the date of display of the exhibit marked with the symbol for registration – if exhibit priority is required;
- Collective Mark Regulations – if an application is filed for a collective mark.
The trademark shall be registered for 10 years, which may be renewed for any subsequent 10 years, with no limitation of validity, if payment is made of the extension.