O.C.G.A. § 10-1-442 (2019)
Application for registration of marks; filing fee
(a) 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. (b) 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.
History
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.
Annotations
Law reviews. 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 Ga. LEXIS 380 (1951). Statutory use requirement not satisfied. - District properly cancelled plaintiff’s Georgia registration of a service mark because registration was granted improperly as the plaintiff did not satisfy the statutory use requirement, and there was no basis for reformation of registration. Underwood v. Bank of Am., Corp., 996 F.3d 1038, 2021 U.S. App. LEXIS 12949 (10th Cir. 2021).
RESEARCH REFERENCES Am. Jur. 2d. 74 Am. Jur. 2d, Trademarks and Tradenames, §§ 55 et seq., 73. C.J.S. 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, § 250 et seq.
ALR. Damages recoverable for wrongful registration of trademark, 26 A.L.R.2d 1184.