Georgia Commons

Official Code of Georgia Annotated

Title 10. COMMERCE AND TRADE · Chapter 1. SELLING AND OTHER TRADE PRACTICES · Article 16. TRADEMARKS, SERVICE MARKS, AND TRADE NAMES · Part 1. REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS

10-1-440. Definitions; when trademark or service mark deemed used in state.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    As used in this part, the term:#

    1. (1)

      “Applicant” means the person filing an application for registration of a trademark or service mark under this part and the legal representatives, successors, or assigns of the person filing an application for registration of a trademark or service mark under this part.#

    2. (2)

      “Person” means any individual, firm, partnership, corporation, association, union, or other organization.#

    3. (3)

      “Registrant” means the person to whom the registration of a trademark or service mark under this part is issued and the legal representatives, successors, or assigns of the person to whom the registration of a trademark or service mark under this part is issued.#

    4. (4)

      “Service mark” means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify the services of one person and to distinguish them from the services of others.#

    5. (5)

      “Trademark” means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others.#

  2. (b)

    For the purposes of this part, a trademark shall be deemed to be “used” in this state when it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in this state.#

  3. (c)

    For the purposes of this part, a service mark shall be deemed to be “used” in this state when it is used to identify the services of one person and to distinguish them from the services of others and such services are sold or otherwise rendered in this state.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1952, p. 134, § 6; Ga. L. 1963, p. 463, § 1.

Law reviews

For article, “Trademark Monopolies,” see 48 Emory L.J. 367 (1999). For article, “Post-Creation Checklist for Georgia Business Entities,” see 9 Ga. St. B. J. 24 (2004).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t10-(v8)-2024-pdf.pdf, Volume V8, 2024 edition, pages 372 to 373; merge action: carried; file SHA-256 7afbade16da7.

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