How to Register a Trademark in Georgia: A Complete 2025 Guide for Businesses
Updated time: Aug 04, 2025, 01:38 (UTC-08:00)
In today’s competitive business landscape, securing your brand identity is more than just smart—it’s essential. Whether you're launching a tech startup in Atlanta, a boutique in Savannah, or a food truck in Augusta, understanding how to register a trademark in Georgia will protect your business name, logo, slogan, or other identifiers from unauthorized use.
A state-level trademark provides valuable protection within Georgia, complements federal registration, and helps establish a strong, trustworthy brand. This guide walks you through how to trademark a name in Georgia, what the process entails when you trademark a business name in Georgia, and how to navigate the Georgia Secretary of State trademark application with clarity and confidence.
What Is a Trademark and Why Does It Matter?
A trademark is a word, phrase, symbol, or design that distinguishes the source of goods or services. It legally protects your brand from being copied or used without permission, giving you exclusive rights to use the mark within a specific jurisdiction.
Why registering a trademark in Georgia matters:
- Establishes legal rights to your brand within the state
- Prevents others in Georgia from using similar names or logos
- Adds professionalism and trust for customers and partners
- Supports future federal registration by proving the first use
Registering a trademark in Georgia matters
State vs. Federal Trademark Registration
Before we dive into how to register a trademark in Georgia, it's important to understand the distinction between state and federal trademarks.
Feature | Georgia State Trademark | Federal Trademark (USPTO) |
Jurisdiction | Within Georgia only | Nationwide |
Authority | Georgia Secretary of State | U.S. Patent & Trademark Office (USPTO) |
Cost | $15 per classification | $250–$350 per class |
Speed | ~2–4 weeks | 8–12 months |
Use case | Local businesses | National brands or online stores |
For businesses operating only within Georgia, a state-level trademark offers affordable and enforceable protection. Remember, a Georgia trademark protects your brand only within the state. Someone else could still register a similar name federally or in another state, potentially limiting your expansion.
Step-by-Step: How to Register a Trademark in Georgia
The process of registering a trademark with the state is relatively simple and administered by the Georgia Secretary of State.
1. Conduct a Trademark Search
Before filing your application, conduct a comprehensive trademark search to ensure your desired name or logo isn’t already registered.
Where to search:
- Georgia Secretary of State’s online database: Georgia Corporations Division
- USPTO Trademark Search System (TESS): for potential federal conflicts
- General internet and domain name searches
This step helps prevent conflicts, rejections, or possible legal challenges.
2. Define the Mark You Want to Protect
You can trademark various elements of your brand:
- Business Name
- Logo or design
- Tagline or slogan
- Product label or packaging design
You must provide a clear description and a digital image of the mark as it is used in commerce.
3. Prepare Your Application
To trademark a business name in Georgia, you must submit a state trademark application to the Georgia Secretary of State.
The application requires:
- Name and address of the applicant
- Type of entity (LLC, sole proprietor, corporation, etc.)
- Description of the mark
- Classification of goods or services (select from the 45 classes under the Nice Classification System)
- Date of first use in commerce in Georgia
- Specimen (proof of use, e.g., label, website, brochure)
- Signature of the applicant or their authorized representative (no notarization required)
Pro tip: Unlike a federal trademark, Georgia requires the mark to already be in use within the state at the time of application.
4. Submit the Georgia Secretary of State Trademark Application
Once you've completed the form, you can submit it by mail to the Secretary of State’s office.
Mailing address:
Corporations Division
Georgia Secretary of State
2 Martin Luther King Jr. Drive SE
Suite 313 West Tower
Atlanta, GA 30334
- Filing Fee: $15 per classification (non-refundable)
- Accepted payment: Check or money order (no credit card)
Currently, online filing is not available for trademarks in Georgia, so all applications must be mailed.
5. Wait for Confirmation and Review
Processing typically takes 2 to 4 weeks. If the application is complete and approved, the state will issue a Certificate of Registration, valid for 10 years.
You’ll be notified by mail or email once the application is approved or if corrections are needed. If your application is rejected, the $15 filing fee is non-refundable, and you may need to submit a new application with corrections.
Upon approval, you’ll receive a Georgia Registration Number, which differs from the ‘Serial Number’ issued in federal filings.
Step-by-Step Register a Trademark in Georgia
Maintaining Your Trademark in Georgia
Once registered, your trademark remains valid for 10 years, but it must be renewed to maintain protection.
Renewal Process:
- File a renewal application within six months before expiration
- Provide updated proof of use
- Pay a $15 renewal fee per class
While trademarks in Georgia expire after 10 years, there is a six-month grace period for late renewals with an additional fee. Beyond this period, your registration will lapse.
How to Trademark a Business Name in Georgia (Real-World Example)
Let’s say you run a bakery called “Peach Street Pastries” in Macon, GA. You’re expanding into other cities in Georgia and want to secure your brand name.
Here’s how to trademark the business name in Georgia:
- Search: Ensure “Peach Street Pastries” isn’t already registered at the state or federal level.
- Specimen: Gather materials showing the name in use (store sign, packaging, website).
- Application: Fill out the Georgia Secretary of State trademark application for “Peach Street Pastries” under Class 30 (baked goods).
- Mail + Pay: Submit the form and $15 fee via check.
- Receive Certificate: Within 3–4 weeks, get confirmation and a certificate of your official Georgia trademark.
Trademark a Business Name in Georgia
Common Mistakes to Avoid When Registering a Trademark in Georgia
Avoid delays, rejections, or legal complications by steering clear of these common errors:
Filing without using the mark
Georgia requires proof of actual use, unlike federal “intent to use” filings.
Choosing a generic name
Names like “Georgia Bakery” are too descriptive and likely to be denied.
Overlooking class selection
Each product or service category is a separate class. Choose accurately or risk partial coverage.
Missing the renewal deadline
After 10 years, your protection expires unless renewed on time.
Benefits of Registering a State Trademark in Georgia
Benefit | Explanation |
Legal Ownership in GA | Gain exclusive rights to use the mark within Georgia |
Public Notice | Deterrence against infringement by other Georgia businesses |
Enhances Brand Value | Demonstrates professionalism and intellectual property awareness |
Foundation for Federal Registration | Establishes first-use priority at the state level |
Easier Enforcement | Supports cease-and-desist letters or state court action |
If your trademark is infringed in Georgia, you may file suit in Georgia Superior Court, seeking injunctions and potentially statutory damages under Georgia’s Fair Business Practices Act.
When Should You Consider Federal Registration?
Consider Federal Registration in Georgia
While registering a trademark in Georgia is great for businesses operating locally, you should consider federal registration if:
- You sell products/services outside Georgia
- You sell online to a national or international audience
- You want broader legal protection and the right to use ®
- You plan to expand your business nationwide
Federal trademarks are more expensive and complex but offer stronger, nationwide protection.
Final Thoughts: Protecting Your Brand Starts with a Georgia Trademark
Your business name, logo, and brand identity are assets, just like your inventory or office space. By learning how to register a trademark in Georgia, you’re investing in long-term brand protection and professional credibility.
Whether you’re looking to trademark a business name in Georgia, secure a logo for your restaurant, or protect a tagline used in marketing, the Georgia Secretary of State trademark application is the first and most accessible step toward safeguarding your intellectual property.
To streamline the process and avoid missteps, One IBC USA offers professional trademark registration services tailored to entrepreneurs, startups, and growing companies across the U.S. Our team ensures your filings meet state-specific requirements, performs comprehensive searches for conflicts, and advises on whether state or federal registration, or both, best suits your strategic goals.