When filing a Georgia Trademark Application, you can avoid problems by obeying the following rules found in Georgia law at O.C.G.A. Section 10-1-441 that govern the eligibility for trademark registration in Georgia.

1. Do not be immoral, deceptive or scandalous.
2. Do not mock or falsely connect yourself to others.
3. Do not use the flag or logo of a governmental entity, unless you are the government.
4. Do not use the name, signature, or portrait of a living individual without their permission.
5. Do not choose a trademark that is merely descriptive of your goods or services.
6. Do not choose a trademark that is deceptive and misdescriptive of your product or service.
7. Do not choose a trademark that is mainly geographically descriptive.
8. Do not choose a trademark that is merely a surname.
9. Do not choose a trademark that is likely to cause confusion with someone else’s Georgia trademark.
10. Do not choose a trademark that is likely to cause confusion with another’s registered Federal trademark.

For a state trademark application, choose a trademark or service mark that is fanciful or suggestive, has been cleared through a comprehensive trademark search and will easily distinguish your goods or services from others.

For more information about selecting a great state or federal trademark, see our related article: Choosing a Good Trademark.

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Brian Bellamy | Clark & Bellamy, P.C.  | Thomasville, GA

What about filing a state trademark application?  This is a common question when considering protection for your business name and brand. 

While a federal trademark registration gives national protection to a trademark or service mark owner, this avenue is not always available because of the requirement of use in interstate commerce or other factors. In these cases, a state trademark registration may be advisable.

To acquire trademark and/or service mark registration at the state level, a trademark application is filed with the state trademark office, which is usually operated by the secretary of state of the specific state. You can often find trademark application instructions on the Secretary of State website for the state in which protection is sought. State trademarks are handled on a state by state basis, and you must get information from each state individually and follow their guidelines for registration. Maryland maintains a national index of State Trademark Application websites that may be helpful if you have trouble finding your state’s information through a search engine. Continue Reading »