An available name in the register does not automatically mean that the same name is free to use as a trademark or domain. The business name, business presence, trademark, and internet addresses should therefore each be researched and then coordinated with one another. For a planned trademark, assess registrability, possible confusion with earlier signs, and the goods and services actually needed. Then decide whether a national application in Georgia is sufficient or whether an international protection route is needed. The National Intellectual Property Center of Georgia, Sakpatenti, is responsible for national industrial property rights. For a product design, visible features such as lines, contours, colors, shape, surface, and ornamentation may be protectable. Before filing a design application, clarify novelty, the design’s individual overall impression, earlier designs, and the rights of the designers involved. For a technical invention, examine patentability, novelty, inventive step, and industrial applicability. A public presentation, publication, or unprotected disclosure before filing may affect the possibility of obtaining protection, so disclosure and filing timing must be planned carefully. Patent searches, the technical description, assignment of inventorship and ownership, and the national or international filing route go together. Know-how can be protected as a trade secret if it is not generally accessible, has commercial value because it is secret, and is actually protected through reasonable measures. These include an inventory of confidential information, restricted access rights, confidentiality agreements, and rules for employees, founders, suppliers, and development partners. For names, logos, software, text, designs, or inventions created externally, check the written transfer of rights or permission to use them. Protection decisions should take into account costs, target markets, economic lifespan, enforceability, and the importance of the relevant asset to the company.
Trademark and Intellectual Property Protection Decisions Before Starting a Business in Georgia
Before starting a business in Georgia, the business name, trademark, product design, technical inventions, and confidential know-how should each be assessed separately for protection needs and prior rights. Publication, filing, allocation of rights, and available resources must be coordinated in time.
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Business names, domains, trademarks, designs, patents, and trade secrets protect different business assets and must be assessed separately. Designs and technical inventions are particularly time-sensitive because early public disclosure may affect later protection options. The scope and cost of protection should reflect target markets, economic significance, and realistic enforceability.