2020 Georgia Code
Title 10 - Commerce and Trade
Chapter 1 - Selling and Other Trade Practices
Article 16 - Trademarks, Service Marks, and Trade Names
Part 1 - Registration and Use of Trademarks and Service Marks
§ 10-1-442. Registration of Marks - Application; Fee

1. Subject to the limitations set forth in this part, any person who adopts and uses a trademark or service mark in this state may file in the office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of such trademark or service mark setting forth, but not limited to:
   1. The name and business address of the person applying for such registration and, if a corporation, the state of incorporation;
   2. A description of the goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with such goods or services and the class in which such goods or services fall; and
   3. The date when the trademark or service mark was first used anywhere, as well as the date when it was first used in this state by the applicant or his predecessor in business.
2. The application shall be signed and verified by the applicant and shall be accompanied by a specimen or facsimile of such trademark or service mark in triplicate and a filing fee of $15.00, payable to the Secretary of State.

(Ga. L. 1893, p. 134, § 3; Civil Code 1895, § 1738; Civil Code 1910, § 1990; Code 1933, § 106-102; Ga. L. 1949, p. 949, § 1; Ga. L. 1952, p. 134, § 8; Ga. L. 1963, p. 463, § 3; Ga. L. 1983, p. 1470, § 1; Ga. L. 1987, p. 563, § 1.)

- For article, "A Patent and Trademark Primer," see 15 Ga. St. B. J. 58 (1978).

JUDICIAL DECISIONS

Registration cannot deprive another of vested right.

- Provisions as to registration were permissive and not mandatory, and a compliance by one with the provisions thereof cannot operate to deprive another of the use of a trade name or trademark previously acquired, although not thus registered, or to nullify the provisions of former Code 1933, § 37-712, that any attempt to encroach upon the business of a trader, or other person, by the use of similar trademarks, names, or devices, with the intention of deceiving and misleading the public, was a fraud for which equity will grant relief. Womble v. Parker, 208 Ga. 378, 67 S.E.2d 133 (1951).

Cited in O'Jay Spread Co. v. Hicks, 185 Ga. 507, 195 S.E. 564 (1938); Rolls-Royce Motors, Ltd. v. A & A Fiberglass, Inc., 428 F. Supp. 689 (N.D. Ga. 1977).

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Trademarks and Tradenames, § 73.

- 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, §§ 191, 220, 221.

- Damages recoverable for wrongful registration of trademark, 26 A.L.R.2d 1184.