How to Register a Trademark in Georgia

Introduction

A trademark is a unique identifier in the form of word, phrase, symbol or design that distinguishes the source of goods or services. It can be a brand name, logo, slogan or any combination of these things. When used in commerce, trademarks help consumers identify the source of goods or services and avoid confusion about who is providing those goods or services. Trademark rights can be lost if not protected so it is important to register your mark with the State of Georgia Trademark Office as soon as possible after you start using it in commerce.

Conduct a Trademark Search

You must conduct your own investigation to ensure that your brand is unique and does not conflict with other trademarks or domain names. The USPTO provides an online tool for conducting searches, but you should also consult specialized databases and professionals who can conduct further research on your behalf. Get professional help if necessary. If you decide that you need assistance from an attorney or other legal professional, make sure they are experienced in trademark matters and file the application for you.

File an Application

Once you have completed the steps outlined above, the Georgia Secretary of State will issue a filing receipt. You must then file an application with the Georgia Secretary of State's Trademark Office. An application is a copy of your federal trademark application, plus some additional paperwork specific to Georgia. You will also be required to pay fees related to filing and examining your trademark in that state.

Prove that the Mark is Distinctive

The next step is to prove that the mark is distinctive. This means it must not be confusingly similar to any other registered mark, and it must not be descriptive of the goods or services being offered by your business. In other words, if you're selling dog food, saying "Dog Food" as your trademark would not be acceptable because it's too descriptive of what you sell. Another way to think about this issue: your mark has to provide some sort of added value over and above other options out there on the market right now—it needs to create a unique experience for customers who come into contact with it: either through its ability to catch their attention (and keep them engaged), or through its ability to distinguish itself from all those other products out there that also happen be in some way relevant (but are certainly not identical).

Pay any Required Fees

Once your application is filed, you must pay the filing fee. The fees are based on the type of application you file. Fees range from $225 to $375 per class of goods or services and need to be paid before the trademark is registered. In addition to these fees, there is a search fee that varies depending on how far back you want to check for conflicting marks (from one year back up to 15 years). If no conflicts are found in your search, then this fee can be refunded; however if conflicts are found during the search process, then this fee will not be refunded regardless of whether or not your mark was ultimately approved for registration by USPTO.

Takeaway

In the U.S., trademarks can be registered through the United States Patent and Trademark Office (USPTO). A trademark is a specific word, name or symbol that identifies one company's products or services as different from those of their competitors. It is important to register your trademark because it shows that you are serious about your business and will not let another company use something similar without your permission.

Conclusion

If you are looking to protect your trademark in Georgia, the first step is to conduct a trademark search. After that, you can file an application with the State of Georgia Trademark Office and prove that the mark is distinctive. Finally, pay any required fees and wait for approval.