Trademarks and Service Marks - FAQ
The following information is provided for the convenience of trademark or service mark applicants and is designed to assist an applicant with registration of a mark with the Office of Secretary of State. This office cannot provide legal advice. In particular, if you have questions about the protection of a mark, infringement upon your mark, or the application of the following concepts to your specific situation, please consult an attorney.
Frequently Asked Questions
A trademark is any word, name, symbol, device or combination thereof adopted and used by a person or entity to identify goods made or sold and to distinguish them from the goods made or sold by another person. If products or goods are sold, think "trademark." (O.C.G.A. § 10-1-440)
Examples of trademarks are: Coca-Cola (soft drink beverage), Microsoft (computer software) and USA Today (newspaper/publication.)
A service mark is the same as a trademark, except that a service mark is used by a person or entity to identify services rendered or offered and to distinguish them from the services rendered or offered by another person. The services must be provided to the public or any party other than the applicant. If services are sold or offered, think "service mark." (O.C.G.A. § 10-1-440)
Examples of service marks are: McDonald's (restaurant services), Wal-Mart (retail business services) and AT&T (telecommunications services.)
$15.00. This is an examination fee and is non-refundable and non-transferable. The fee is not refunded in the event a mark cannot be registered, renewed, assigned, or cancelled.
No. A trade name (also known as a “DBA” or “fictitious name”) is a name an owner uses to identify his/her business while a trademark is used to identify a good or service a business provides. Another distinct difference is that trade names are not registered at the state or federal level, but are registered with local government, primarily in the county in which a business operates. (O.C.G.A. § 10-1-490) If a trade name meets the criteria of a trademark or service mark, however, it also might be eligible for registration as such.