TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 16 TRADEMARKS, SERVICE MARKS, AND TRADE NAMES

10-1-490. Business using trade, partnership, or other name not showing ownership to file registration statement; indexing; fee.

Every person, firm, or partnership carrying on in this state any trade or business under any trade name or partnership name or other name which does not disclose the individual ownership of the trade, business, or profession carried on under such name shall, within 30 days from March 29, 1937, or thereafter before commencing to do business, file in the office of the clerk of the superior court of the county in which the business is chiefly carried on or, in the case of a domestic corporation using any name other than its corporate name, in the county of its legal domicile, a registration statement, verified by affidavit, setting forth the name or names and addresses of the person, persons, firm, or partnership owning and carrying on said trade or business and stating the nature of the business being carried on and the trade, partnership, or other name used and shall, upon any change of ownership, likewise file a new and amended statement of registration. Notice of such filing giving the names and addresses of each person, firm, or partnership to engage in business under such trade name or partnership name shall be published in the paper in which the sheriff's advertisements are printed once a week for two weeks. No person, firm, or partnership already registered shall be required to reregister except in the event of a change of ownership.
The clerk shall register the same by filing the verified statement in his office and shall keep an alphabetical index of all such registrations in a permanent record book to be kept in his office, the index to show the trade, partnership, or other name registered and in connection therewith the names of the owners. The applicant for registration shall accompany each registration statement with the fee prescribed by Code Section 15-6-77, relating to fees of clerks of the superior courts, as amended.

(Ga. L. 1929, p. 233, §§ 1-3; Code 1933, §§ 106-301, 106-302; Ga. L. 1937, p. 804, §§ 1, 2; Ga. L. 1943, p. 398, § 1; Ga. L. 1970, p. 497, § 9; Ga. L. 1981, p. 872, § 2; Ga. L. 1989, p. 14, § 10.)

Law reviews.

- For article, "Post-Creation Checklist for Georgia Business Entities," see 9 Ga. St. B. J. 34 (2004).

JUDICIAL DECISIONS

Affidavit must be made by person operating under trade name.

- This section, requiring registration, in the office of the clerk of the superior court of persons doing business under a trade name by filing an affidavit signed by the person doing business, in which is set forth the name and address of the true owner of the business, requires that the affidavit be made by the person who operates under the trade name referred to in the affidavit. Laurens Glass Works v. Childs, 49 Ga. App. 590, 176 S.E. 665 (1934).

Affidavit does not create presumption against prior registration.

- Evidence that the members of a partnership filed an affidavit in the office of the clerk of the superior court to register a partnership trade name does not create a presumption of fact that such trade name had not been previously registered. Butler v. Ragsdale, 54 Ga. App. 565, 188 S.E. 578 (1936).

Cited in Dunn & McCarthy, Inc. v. Pinkston, 179 Ga. 31, 175 S.E. 4 (1934); Prater v. Larabee Flour Mills Co., 180 Ga. 581, 180 S.E. 235 (1935); Smith v. State, 52 Ga. App. 207, 182 S.E. 858 (1935); Charles v. Sterling Sec. & Brokerage Co., 182 Ga. 480, 185 S.E. 807 (1936); Mobley v. Bailey, 52 Ga. App. 578, 184 S.E. 417 (1936); Alexander v. Bremen, 53 Ga. App. 676, 187 S.E. 141 (1936); Stephens v. Bibb Inv. Co., 54 Ga. App. 321, 187 S.E. 709 (1936); Carter v. Solomon, 54 Ga. App. 517, 188 S.E. 545 (1936); Stewart v. Darby Banking Co., 183 Ga. 888, 190 S.E. 28 (1937); Slaten v. College Park Cem. Co., 185 Ga. 27, 193 S.E. 872 (1937); Cary v. State, 55 Ga. App. 167, 189 S.E. 625 (1937); West v. Frick Co., 55 Ga. App. 854, 192 S.E. 55 (1937); National Union Fire Ins. Co. v. Jenkins, 56 Ga. App. 476, 193 S.E. 90 (1937); Walker v. Abbot, 57 Ga. App. 381, 195 S.E. 450 (1938); Womble v. Parker, 208 Ga. 378, 67 S.E.2d 133 (1951); Multiple Listing Serv., Inc. v. Metropolitan Multi-List, Inc., 223 Ga. 837, 159 S.E.2d 52 (1968); Howard Stores Corp. v. Howard Clothing, Inc., 308 F. Supp. 70 (N.D. Ga. 1969); Whitlock v. PKW Supply Co., 154 Ga. App. 573, 269 S.E.2d 36 (1980); Brooks v. Maryville Loan & Fin. Co., 679 F.2d 837 (11th Cir. 1982); Loeb v. Schafer Bros. (In re Austin Group, Inc.), 80 Bankr. 255 (Bankr. N.D. Ga. 1987); Crolley v. Haygood Contracting, Inc., 201 Ga. App. 700, 411 S.E.2d 907 (1991); Stone v. Allen, 201 Ga. App. 842, 412 S.E.2d 605 (1991).

OPINIONS OF THE ATTORNEY GENERAL

Use of trade name by corporation.

- Corporation may do business in Georgia under trade name. 1945-47 Op. Att'y Gen. p. 652.

Branch offices under different names.

- Licensed real estate broker may establish branch offices under different names, provided that the broker complies with this part. 1952-53 Op. Att'y Gen. p. 408.

RESEARCH REFERENCES

23A Am. Jur. Pleading and Practice Forms, Trademarks and Tradenames, § 1.

ALR.

- Construction and effect of statutes as to doing business under an assumed or fictitious name or designation not showing the names of the persons interested, 45 A.L.R. 198; 42 A.L.R.2d 516.

"Business sign" statute as affecting order of priority among creditors of person transacting business, 124 A.L.R. 169.

Right to use firm name on dissolution of partnership, 173 A.L.R. 444.

Incorporation of company under particular name as creating exclusive right to such name, 68 A.L.R.3d 1168.

Cases Citing Georgia Code 10-1-490 From Courtlistener.com
Total Results: 3
In re Allison
Court: Supreme Court of Georgia | Date Filed: 1997-02-17
Citation: 267 Ga. 638, 481 S.E.2d 211, 97 Fulton County D. Rep. 513, 1997 Ga. LEXIS 44
Snippet: ownership of the party or parties involved. See OCGA § 10-1-490. These Standards provide as follows: Standard
Future Professionals, Inc. v. Darby
Court: Supreme Court of Georgia | Date Filed: 1996-05-20
Citation: 470 S.E.2d 644, 266 Ga. 690, 96 Fulton County D. Rep. 1907, 1996 Ga. LEXIS 238
Snippet: required by OCGA § 10-1-490.” (Emphasis supplied.) By its terms, OCGA § 10-1-490 mandates registration
Elite Personnel, Inc. v. Elite Personnel Services, Inc.
Court: Supreme Court of Georgia | Date Filed: 1989-04-10
Citation: 378 S.E.2d 117, 259 Ga. 192, 1989 Ga. LEXIS 204
Snippet: failed to register its name as required by OCGA § 10-1-490. Therefore, it cannot claim the protection of

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