How to Register a Trademark in Georgia

Introduction

If you’re ready to protect your brand, it’s important to know how to register for a trademark in Georgia. The state has a federally registered system that allows you to file with the US Patent and Trademark Office (USPTO). The Georgia Secretary of State also accepts state registrations, but they aren’t as strong in terms of protecting your rights as federal registration.

Types of Trademarks

A trademark is any word, phrase, symbol, or design (or combination of these) that identifies and distinguishes the source of goods or services.

A service mark is a type of trademark used to identify and distinguish the source of a service rather than goods.

A certification mark is a type of trademark used to certify public safety, quality, and other characteristics with respect to goods and services.

A collective mark is a type of trademark that identifies goods or services as those produced by members who exercise joint rights in respect thereof.

Trade dress refers to the total image and overall appearance of packaging for products (for example, distinctive shape or color scheme). Trade dress may also be referred to as “trade dress” but not confused with “trademark”.

How to Register a Trademark in Georgia

To file a trademark in Georgia, you must:

• Be the owner of a federally registered trademark. You can do this through the U.S. Patent and Trademark Office (USPTO).
• File your application with the Georgia Department of Economic Development (GDEcD) within six months after you receive notice from the USPTO that your federal registration has been issued. If this is not done, any subsequent use of your mark in Georgia will be considered an infringement on an unregistered trademark, which may lead to legal action against you by GDEcD or other parties claiming ownership rights over similar marks.
• File an additional application if you want to extend the term of protection for a design mark; – register more than one word as an identifying symbol; or  – add another category for Class 16 (sporting goods) or Class 18 (toys).

How Much Does It Cost?

The cost of registering your trademark depends on the type of mark you want to register.

Filing fees are $100 for an intent-to-use application and $200 for a use-based application. If you want to register your trademark internationally, the filing fees are $300.

It’s important to note that these are just basic filing fees; there may be additional expenses associated with getting your trademark registered in Georgia and abroad (e.g., attorney’s fees).

Trademark Registration in Georgia FAQs

• How long does it take to file a trademark in Georgia?

The average time it takes to receive a state trademark registration is four months. However, this is an approximate figure, as each application and examination process is different.

• What is the difference between a state trademark and a federal trademark?

A federal trademark protects your mark within the entire country of the United States, while a state-level registration protects your mark only within the specific state where you filed for registration (Georgia). If you wish to protect your mark across all 50 states, you will need both federal and state-level registrations for each one individually. That being said, if you want to register with multiple states at once without having them overlap with each other then please contact us directly.

• How Long does it take to Register a Trademark in Georgia?

Unlike many other countries, Georgia doesn’t allow you to file a trademark online. Instead, you’ll need to visit the Office of Intellectual Property within three months of filing your application and submit the documents in person.

Once your request has been submitted, you will be given an interim certificate indicating that your application is pending. This interim certificate gives you six months from its issue date (the day after it was filed) before it expires and expires automatically if not used within two years of filing.

There’s also an additional option for expediting this process: paying an extra fee allows staff at OIP to process your application in 30 days instead of six months (plus 30 days), which means that if everything goes well with no delays on their end or yours, then once they approve something should happen within about 6 weeks instead of 6 months!

• Do I need an attorney to register a mark in Georgia?

No, you do not need to hire an attorney to register a trademark in Georgia. However, if you want to do it yourself, you should engage the services of a trademark attorney.

• Can I file for a state trademark with the federal government?

Yes, you can file for a state trademark with the federal government. This is called “federal registration.” While federal registration is not required to protect your trademark in Georgia, it may help you if you decide to expand your business outside of Georgia—especially if you want to use your brand name or logo as part of an international strategy.

Federal registration also makes it easier for people who did not know about your mark before they saw it on goods or services in interstate commerce (for example, online) to find out that you are using the mark and therefore do not infringe on it without permission.

Takeaway:

Georgia is a great place to start a business, especially if you are looking for affordable real estate and a low cost of living. The state’s climate is also perfect for starting businesses, as it rarely gets too hot or cold during the year. The state also has many universities that provide excellent educational opportunities for aspiring entrepreneurs and business owners as well. In addition, Georgia’s legal system offers easy access to trademark registration services through the Small Business Administration (SBA).

Conclusion

We hope this article has helped you understand the basics of trademark registration in Georgia. If you have any questions or would like assistance with your application, please contact us today. We will be happy to assist!