The Office of Secretary of State cannot provide legal advice regarding
protection of your mark and/or business name. If you have a legal
question about registering a trademark or about trademarks and service marks in
general, you should consult with your attorney. Questions regarding application forms or the application process may be directed to (404) 656-2817.
The forms are in Adobe Acrobat .pdf format, which require the Adobe Acrobat reader in order to view, fill, or print these forms. To download a free copy of the Adobe Acrobat reader, please visit the Adobe website. Please note: printing the forms require the “Comments and Forms” option to be set to “Document and Markups” under the Print option in order to the print the complete form.
Instructions for Completing Initial Application for Trademark or Service Mark
A non-refundable filing fee of $15.00 must accompany each application for registration of a trademark or service mark. This is an examination fee. Even if the mark is not registrable, fees are not refundable. Make checks or money orders payable to the Secretary of State.
The application must be accompanied by three (3) specimens of the mark as currently used. Three samples of the same specimen are acceptable. We strongly encourage you to submit specimens that are suitable for being placed in a legal-size file folder. If specimens are bulky or of value, i.e. jewelry, t-shirts, caps, etc., we ask that you submit photographs of the actual specimens. The photos should clearly and legibly depict the mark along with all material pertinent to the registration. Also, if color is a feature of the mark, then specimens reflecting the actual color(s) must be submitted.
- Acceptable trademark specimens - For a trademark, the specimen should be the actual label, tag, or packaging used on the product.
- Acceptable service mark specimens - For a service mark, the specimen should be in the form of advertising, such as a newspaper ad, leaflet, brochure, flyer, pamphlet, or any material which shows or depicts the mark and denotes the services rendered to the public. To determine whether a service mark specimen is appropriate, consider whether or not a consumer would clearly understand what services are being offered.
The mark MUST ALREADY BE IN USE IN GEORGIA prior to registration. To be considered “in use,” goods must already be offered for sale or in distribution in this State and services must already be sold or otherwise rendered in this State. (See O.C.G.A. § 10-1-440.) If a mark is not already in use, it does not meet the definition of trademark or service mark and cannot be registered.
This office does not search records of federal or other state trademark registrations, and cannot guarantee availability of marks. Registration of your mark provides public notice of your claim to the mark. Registration of a trademark or service mark does not prevent another
person from registering the name as a trade name in the county where the
business is located, or prevent another person from
incorporating or forming an entity under the same name. Information on
registration of a trade name is obtained from the clerk of superior
court of the county in which a business operates. (See O.C.G.A. § 10-1-490.)
You may obtain information on filing a corporation, limited partnership,
or limited liability company in Georgia on the Corporations Division's
website or by calling (404) 656-2817.
All questions on the application must be answered, specimens submitted and the fee attached. PLEASE READ THE FOLLOWING INSTRUCTIONS.
- Name of Applicant:
List the name of the owner/registrant of the mark. The applicant may be an individual, corporation, or other business entity.
- Principal business address:
List the principal business address of the applicant. The certificate of registration will be mailed to this address unless a cover sheet included with the filing requests otherwise.
- If applicant is an entity, the state of incorporation/formation/organization:
This only applies if the applicant is an entity. List the state of incorporation, formation, or organization.
- Describe the mark:
Provide a literal description of the mark; simply writing "see attached" is not acceptable. For example, if your mark is ‘ABC Shops’, then the description should read "the words ‘ABC Shops.’" If your mark is "ABC Shops," but includes a logo or a design, then the description should read "the words ‘ABC Shops’" accompanied by a detailed written description of the logo or design. If the mark is only a logo or a design, then a detailed written description of the logo or design must be included. The description must be consistent with how the mark appears in the actual specimens submitted with the application. Again, do not simply attach a copy of the mark and enter "see attached." Also, the description should only include language which is relevant to how the mark is to be registered. Do not write in Item 4 of the application what the mark may mean, stand for, or represent.
- a. If a trademark, what goods are offered or sold under the mark? List the specific goods on which the mark is used. All goods listed in Item 5 must fall within the class requested in Item 6. A separate application must be filed to register the goods in an additional class when appropriate. (O.C.G.A. § 10-1-443 (a)) b. If a service mark, what services are provided under the mark? List the specific services provided under the mark. All services listed in Item 5 must fall within the class provided in Item 6. A separate application must be filed to register the services in an additional class when appropriate. (O.C.G.A. § 10-1-443 (b))
- Class Number:
List the class number. This number must correspond with the specific goods or services listed in Item 5. List only one class per application. If a mark is used in more than one class, it may be registered in more than one class; however, a separate application must be filed for registration in each eligible class. (O.C.G.A. § 10-1-443)
- Date of first use of the mark by applicant, predecessor, licensee:
(a) Anywhere and (b) In Georgia - (give month, day & year)
List the date of first use of the mark "anywhere" and the date of first use of the mark "in Georgia." If the mark has only been used in Georgia, the date of first use would be the same for both "anywhere" and "in Georgia". The mark must already be in use in Georgia.
The application must be signed and notarized. If applicant is an individual, then the individual must sign. If applicant is a partnership, a general partner must sign. If applicant is a corporation, an officer of the corporation must sign and designate his or her title. If applicant is a limited liability company, a manager or member must sign. Persons signing on behalf of an entity must designate his or her title. An attorney may sign for the applicant by including the statement "Attorney for ________________." In any event, the application must be notarized.
The Secretary of State’s office will review each application for accuracy and will determine the availability of registration of the mark in Georgia. Once an application is approved for registration, a certificate of registration will be issued to the applicant. Registration is effective for ten years , and may be renewed for a another ten year term.