Trademark & Service Mark Applications & Forms
Trademark and service mark forms are fillable forms in .pdf format. You must have the Adobe Acrobat reader (available free of charge from Adobe) installed on your computer in order to view, fill or print these forms. Click here for more information. Again, these are fillable forms which may be completed online before you print them for a signature. Please note: printing the form requires the “Comments and Forms” option to be set to “Document and Markups” under the Print option in order to the print the complete form.
INSTRUCTIONS FOR COMPLETING
TRADEMARK & SERVICE MARK APPLICATIONS
A non-refundable filing fee of $15.00 must accompany each application for registration of a trademark or service mark. This is an examination fee. Even if the mark is not registrable, fees are not refundable. Make checks or money orders payable to the Secretary of State. The application must be accompanied by three (3) specimens of the mark as currently used. Three samples of the same specimen are acceptable. We strongly encourage you to submit specimens that are suitable for being placed in a legal-size file folder. If specimens are bulky or of value, i.e. jewelry, t-shirts, caps, etc., we ask that you submit photographs of the actual specimens. The photos should clearly and legibly depict the mark along with all material pertinent to the registration. Also, if color is a feature of the mark, then specimens reflecting the actual color(s) must be submitted.
Acceptable "trademark" specimens - For a trademark, the specimen should be the actual label or packaging used on the product.
Acceptable "service mark" specimens - For a service mark, the specimen should be in the form of advertising, such as a newspaper ad, leaflet, brochure, pamphlet, or any material which shows or depicts the mark and denotes the services rendered to the public. To determine whether a service mark specimen is appropriate, consider whether or not a consumer would clearly understand what services are being offered.
The mark MUST ALREADY BE IN USE IN GEORGIA for registration. Goods must already be offered for sale or in distribution in this State in order to register a trademark. Services must already be sold or otherwise rendered in this State in order to register a service mark. (O.C.G.A. 10-1-442) If a name, logo, device, etc. is not already in use, it does not meet the definition of trademark or service mark and cannot be registered. This office does not search records of Federal registrations and cannot guarantee availability of marks. Registration of your mark provides public notice of YOUR claim to the mark. All questions on the application must be answered, specimens submitted and the fee attached. PLEASE READ THE FOLLOWING INSTRUCTIONS.
The Secretary of States office will review each application for accuracy and will determine the availability of the registration in Georgia. Once an application is approved for registration, a certificate will be issued to the applicant. Registration is effective for ten years. Registration of a trademark or service mark does not prevent another person from registering the name as a trade name in the county where the business is located. It also does not prevent another person from incorporating under the same name. Information on registration of a trade name is obtained from the Clerk of Superior Court of the county in which a business operates. (O.C.G.A. 10-1-490) You may obtain information on the procedures for incorporation by calling (404) 656-2817. The Office of Secretary of State cannot provide legal advice regarding protection of your mark and/or business name. Questions regarding the application process may be answered by calling (404) 656-2861. This is a voice mail line. Calls made before 3:30 p.m. Eastern Standard Time will be returned the same business day.