2021 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
- § 10-1-440. When Trademark or Service Mark Used in State; Definitions
- § 10-1-441. Registration of Marks - When Marks Ineligible
- § 10-1-442. Registration of Marks - Application; Fee
- § 10-1-443. Registration of Marks - Classes of Goods and Services for Purposes of Registration; Application Limited to One Class
- § 10-1-444. Registration of Marks
- § 10-1-445. Registration of Marks - Duration; Renewal; Fee
- § 10-1-446. Assignment of Mark and Registration; Recordation; Fee; New Certificate
- § 10-1-447. Record of Registrations and Renewals to Be Kept by Secretary of State
- § 10-1-448. Cancellation of Registrations
- § 10-1-449. Damages for Fraud or False Representation in Registering Mark
- § 10-1-450. Civil Action for Infringement of Registered Mark
- § 10-1-451. Injunctions Against Infringement; Recovery of Profits and Damages; Destruction or Disposal of Counterfeit Trademarks; Seizure
- § 10-1-452. Common-Law Rights in Marks Not Affected
- § 10-1-453. Unauthorized and Deceitful Use of Name or Seal a Misdemeanor
- § 10-1-454. Penalties for Forged or Counterfeited Trademarks, Service Marks, Copyrighted or Registered Designs, or Unauthorized Reproductions; Forfeiture
- For article, "Trademarks and Semantics: The Use and Misuse of Trademarks in Dictionaries and Trade Journals," see 6 Ga. L. Rev. 311 (1972). For article, "Trademark Litigation," a brief overview of the subject, see 17 Ga. St. B. J. 158 (1981). For article, "Protecting the Trademark 'Coca-Cola' in the Courts," see 28 Ga. St. B. J. 42 (1991). For article, "Elite Personnel, Inc. v. Elite Personnel Services, Inc.: Issues of Registration and Suggestion in Trademark Law," see 7 Ga. St. U.L. Rev. 551 (1991). For article, "Acquisition of Trademark Rights Under United States and Georgia Law," see 7 Ga. St. B. J. 14 (2001). For article, "Confusion Codified: Why Trademark Remedies Make No Sense," see 17 J. Intell. Prop. L. 245 (2010). For article, "More Property Rules Than Property? The Right to Exclude in Patent and Copyright," see 68 Emory L.J. 685 (2019). For note, "Copyright Registration: Why the U.S. Should Berne the Registration Requirement,” see 36 Ga. St. U.L. Rev. 873 (2020). For comment, "Irrational Science Breeds Irrational Law," see 67 Emory L.J. 889 (2018).
JUDICIAL DECISIONS
Part similar to federal statute.
- Georgia law on registration of trademarks and service marks provides for a civil action to remedy infringements and is, both in structure and purpose, similar to the law's federal counterpart. Rolls-Royce Motors, Ltd. v. A & A Fiberglass, Inc., 428 F. Supp. 689 (N.D. Ga. 1977).
Registration provisions are permissive.
- Provisions concerning registration are permissive rather than mandatory. Giant Mart Corp. v. Giant Disct. Foods, Inc., 247 Ga. 775, 279 S.E.2d 683 (1981).
Trade name previously acquired by another.
- Registration will not operate to deprive another of previously acquired trade name. Giant Mart Corp. v. Giant Disct. Foods, Inc., 247 Ga. 775, 279 S.E.2d 683 (1981).
Cited in Howard Stores Corp. v. Howard Clothing, Inc., 308 F. Supp. 70 (N.D. Ga. 1969).
RESEARCH REFERENCES
ALR.
- Right to protection against simulation of physical appearance or arrangement of place of business, or vehicle, 17 A.L.R. 784; 28 A.L.R. 114.
Right of manufacturer, producer, or wholesaler to control resale price, 19 A.L.R. 925; 32 A.L.R. 1087l; 103 A.L.R. 1331; 125 A.L.R. 1335.
Application of principles of unfair competition to artistic or literary property, 19 A.L.R. 949.
"Drive it yourself" and similar phrases in connection with business of renting automobiles as subject of trademark or protection upon ground of unfair competition, 43 A.L.R. 213.
Trademark or tradename as asset in case of bankruptcy, insolvency, or assignment for benefit of creditors, 44 A.L.R. 706.
Rights and remedies as between originator of uncopyrighted advertising plan or slogan, or his assignee, and another who uses or infringes the same, 104 A.L.R. 1357; 157 A.L.R. 1436.3
Conflict of laws, with respect to trademark infringement or unfair competition, including the area of conflict between federal and state law, 148 A.L.R. 139.
Stockholders' rights to patent, copyright, or trademark owned by corporation on dissolution thereof, 30 A.L.R.2d 938.
Trade dress simulation of cosmetic products as unfair competition, 86 A.L.R.3d 505.
Unfair competition by imitation in sign or design of business place, 86 A.L.R.3d 884.
Name appropriation by employer or former employer, 52 A.L.R.4th 156.
