If you operate in Georgia and want to protect a brand name, logo, or slogan only within the state, a Georgia state trademark can be a fast and affordable option. It will not replace federal protection, but it can help you secure priority in Georgia, stop local copycats, and support enforcement on marketplaces and social media.
This guide walks you through the official steps for registering and maintaining a state trademark with the Georgia Secretary of State — Corporations Division, and explains when it makes sense to upgrade to a federal USPTO registration instead.
Key Facts
- Authority: Georgia Secretary of State, Corporations Division.
- Fee: USD $15 per application (non-refundable).
- Specimens: Three specimens of use must be submitted with the application.
- Term: Registration is valid for 10 years; renewal every 10 years with a new $15 filing.
- Scope: Protection only within Georgia; for nationwide protection, you need a federal USPTO registration (filing fees typically $350–$550 per class).
If you are already selling or plan to sell across several states, consider a federal U.S. trademark registration instead of, or in addition to, a Georgia state registration.
What is a Georgia state trademark?
A state trademark in Georgia is a word, name, symbol, logo or combination that identifies your goods or services and is registered only at the state level. It:
- protects your mark within Georgia against confusingly similar marks used in the same or related goods/services;
- puts your claim on public record;
- can support legal actions in state courts and complaints to platforms.
It does not give you nationwide rights. For broader protection, you still need a federal USPTO registration.
Step 1: Search existing trademarks in Georgia
Before you file anything, make sure your mark is available.
Before filing, conducting a thorough trademark search is essential to reduce the risk of refusal or future disputes. In Georgia, you should review the state trademark database maintained by the Georgia Secretary of State, as well as the federal database of the United States Patent and Trademark Office (USPTO). A proper search should not only look for identical marks but also similar names, phonetic variations, and related goods or services that could create a likelihood of confusion. While the state database helps identify prior Georgia registrations, checking the federal register ensures you do not conflict with an existing nationwide trademark.
- Search Georgia’s trademark records
Use the Georgia Corporations Division online search for registered trademarks and service marks (on the same site where you search business entities). Look for:- exact matches,
- similar spellings,
- phonetically similar names,
- translations or abbreviations.
- Check beyond the state
Even if the Georgia database is clear, conflicts may still exist. Make sure to check:- USPTO Trademark Search for federal trademarks,
- domain names and major social media handles,
- a basic web search for business names and products.
- Assess the risk
If you see marks that look or sound similar for related goods/services, your application may face refusal or later disputes.
Need a deeper clearance? Bonamark offers professional trademark search services that combine state, federal, and international databases and provide a risk assessment before you file.
Step 2: Prepare your Georgia trademark application
Georgia uses a standard Application – Trademark or Service Mark Registration (Form TMAPPL). You will need to prepare:
- Owner details – individual or business name, address and email.
- Mark format – word mark, logo, or both (for stylized marks, attach a clear drawing or depiction).
- Description of goods/services – what you actually sell under the mark.
- Date of first use – when you first used the mark in commerce in Georgia.
- Class of goods/services – based on the classification list in the form instructions.
- Specimens of use – see below.
Specimens: what Georgia requires
Georgia requires you to submit three (3) specimens showing current use of the mark in commerce. All three must be samples of the same specimen.
Acceptable examples include:
- product labels, packaging, or tags;
- brochures, catalogs, or printed ads;
- website screenshots clearly showing the mark together with the goods or services;
- business cards or letterheads (for services).
Make sure the specimens match exactly how the mark is described in the application and show real use in Georgia, not just a mock-up.
Step 3: File your application with the Georgia Secretary of State
Georgia trademark and service mark filings may be submitted online through the Georgia Secretary of State’s Online Services or by submitting the completed application forms to the Corporations Division.
1. Complete the required Georgia trademark or service mark application.
2. Provide three specimens showing the mark as currently used.
3. Pay the $15 non-refundable filing fee.
4. Submit the filing online through Georgia Secretary of State Online Services or submit the completed application materials to the Corporations Division.
After filing, the Secretary of State examines your application for compliance with Georgia law (for example, distinctiveness, conflicts and proper use). If there are issues, you may receive correspondence requesting clarification or amendments.
If approved, you will receive a Certificate of Registration confirming your state trademark rights.
Step 4: Use and enforce your Georgia trademark
A registration is only as strong as how you use and protect it.
Use the mark consistently
- Use the exact version of the mark as registered.
- Keep your specimens up to date; they may be needed for renewal or enforcement.
Monitor for infringements
- Watch local competitors, marketplaces and social media for confusingly similar marks.
- Pay attention to new business names or signage in your industry.
Enforcement options
If you discover misuse in Georgia, you can:
- send a cease-and-desist letter,
- negotiate coexistence or rebranding,
- escalate to litigation in Georgia courts if necessary.
A Georgia state registration strengthens your position, especially against infringers operating only within the state.
Step 5: Renewal and maintenance
A Georgia state trademark registration is valid for 10 years from the registration date. To maintain your rights:
- File a Renewal Application for Trademark or Service Mark during the last 6 months of the 10-year term.
- Pay the $15 renewal fee (non-refundable).
- The mark must still be in use in Georgia at the time of renewal.
Important: There is no grace period for renewal. The renewal application and $15 filing fee must be submitted before the registration expires.
Georgia state trademark vs federal USPTO registration
| Feature | Georgia State Trademark | Federal (USPTO) Trademark |
|---|---|---|
| Scope of protection | Within the State of Georgia only | Nationwide across all U.S. states and territories |
| Authority | Georgia Secretary of State, Corporations Division | United States Patent and Trademark Office (USPTO) |
| Filing fee | $15 per application | $350 base application fee per class; additional fees may apply |
| Registration term | 10 years from registration | 10 years, subject to required maintenance filings, including a Section 8 filing between years 5–6 |
| Best for | Local businesses focused on Georgia | Brands selling or planning to sell across multiple states |
As a rule of thumb:
- A local café, salon, or contractor working only in Georgia may start with a state trademark.
- An e-commerce brand, SaaS company or franchise with national ambitions should consider federal protection.
You can learn more about federal protection on Bonamark’s U.S. trademark registration service page.
Frequently Asked Questions
Do I need to register my trademark in Georgia to have rights?
No. You gain some rights automatically just by using a mark in commerce (common-law rights). However, state registration provides stronger, easier-to-enforce rights and a public record of ownership in Georgia.
How long does it take to get a Georgia state trademark?
Processing time varies depending on the application and the Corporations Division's workload. If an application is deficient, incomplete, or ineligible for registration, the Secretary of State will notify the applicant.
Can I register a mark that is already registered federally?
If a mark is already registered with the USPTO by someone else for similar goods/services, you may face serious conflicts even if Georgia accepts your filing. It is important to search both Georgia and USPTO databases and consult an expert before filing.
Can I change my mark after registration?
Only minor changes that do not materially alter the mark may be allowed via amendment. Significant redesigns typically require a new application.
When should I move from a Georgia state registration to a federal one?
Consider federal registration when you use or plan to use your mark in interstate commerce and want the broader nationwide benefits available through USPTO registration.
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