Trademark and Service Mark Application And Forms

A non-refundable filing fee of $15 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. Specimens are not returned to the applicant.

• Acceptable trademark specimens - For a trademark, the specimen should be the actual label or tag attached to the product, 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 application must also be accompanied by a drawing page. A drawing page is a depiction of the mark on an 8 ½ x 11 white sheet of paper. The drawing page is an accurate visual depiction of the mark. A drawing page should not show additional words or designs that are not part of the mark.

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 in connection with the mark. (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.

On the application form, type or print in blue or black ink. All applicable questions on the application must be answered. Items #3 and #5 may not apply to all applications. Submit your completed application, specimens, drawing page, and the fee to the Secretary of State's office at the address listed on the application. PLEASE READ THE FOLLOWING INSTRUCTIONS.

Item 1: Enter the name of the applicant. Applicant is the owner of the mark; the applicant is not necessarily the person filing the application. The applicant may be an individual or an entity (e.g. corporation, limited liability company (LLC), limited partnership).

Item 2: Enter the principal business address of the applicant. If mailing address is different, enter the mailing address in the space provided.

Item 3: If applicant is an entity (e.g. corporation, LLC, limited partnership), indicate the state of incorporation, formation, or organization of the entity.

Item 4: Enter a concise description of the mark. List only one mark per application. If the mark consists of word(s) only, list only the words. If the mark is a design only, then provide a detailed written description of the design. If the mark is word(s) and a design, then provide a detailed written description of the word(s) and design. The description must be consistent with how the mark appears on the specimens. Do not attach a copy of the mark and write “see attached.” Do not draw the mark on the application. Do not write in Item 4 of the application what the mark may mean, stand for, or represent. If the mark contains non-English words, please provide an English translation. Attach additional sheets if necessary.

Item 5: If applicable, enter a disclaimer for word(s) or design(s) which are merely descriptive of the goods or services, geographically descriptive (e.g. “Georgia,” “USA”), or designate entity status (e.g. “Inc.,” “Company,” “LLC”). A disclaimer does not remove the disclaimed matter from the mark. It is simply a statement that the applicant does not claim exclusive rights in the disclaimed wording or design apart from the mark.

Item 6: If a trademark, state the specific goods sold or distributed with the mark affixed; or, if a service mark, state the specific services rendered. List only those goods/services currently available. Do not include future goods/services. All goods/services listed in Item 6 must fall within the class designated in Item 7.

Item 7: Enter class number. Number must correspond with the identified goods/services. List only one class number per application. If a mark is used in more than one class, it may be registered in more than one class. A separate application must be filed for registration in each eligible class. See below for list of classes.

Item 8: Enter the date of first use of the mark "anywhere" and the date of first use of the mark "in Georgia" (month/day/year). If the mark has only been used in Georgia, the date of first use would be the same for both "anywhere" and "in Georgia." If only a year or month/year is entered, the date presumed for purposes of registration will be the last day of the year or last day of the month entered. The mark must already be in use in Georgia prior to registration.

Item 9: Enter the mode or manner in which the mark is used in connection with the identified (a) goods or (b) services. If a trademark, how is the mark applied to the goods? If a service mark, how is the mark used in rendering the services? Check all that apply in either (a) or (b). Attach additional sheet if needed.

Item 10: The application must be signed. 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. If applicant is an LLC, 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 ____________."

The Secretary of State’s office will review each application and will determine the availability of registration of the mark in Georgia. If an application is deficient, incomplete, or ineligible for registration, a notice will be sent to the applicant. If 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.