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