§ 10-1-445. Registration of Marks — Duration; Renewal; Fee
Registration of a trademark or service mark under this part shall be effective for a term of ten years from the date of registration; and, upon application filed within six months prior to the expiration of such term on a form to be furnished by the Secretary of State, the registration may be renewed for […]
§ 10-1-493. Penalty for Failing to Register
Any person, firm, partnership, or corporation carrying on any trade or business subject to registration under Code Section 10-1-490 without filing such registration as required by Code Section 10-1-490 shall be guilty of a misdemeanor but shall suffer no other or further penalty or forfeiture on account of any such failure to register, except costs […]
§ 10-1-446. Assignment of Mark and Registration; Recordation; Fee; New Certificate
Any trademark or service mark and its registration under this part shall be assignable with the good will of the business in which the trademark or service mark is used or with that part of the good will of the business connected with the use of and symbolized by the trademark or service mark. Assignment […]
§ 10-1-447. Record of Registrations and Renewals to Be Kept by Secretary of State
The Secretary of State shall keep for public examination a record of all trademarks or service marks registered or renewed under this part. History. Ga. L. 1952, p. 134, § 12; Ga. L. 1963, p. 463, § 7.
§ 10-1-448. Cancellation of Registrations
The Secretary of State shall cancel from the register: Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; All registrations granted under this part and not renewed in accordance with the provisions of this part; Any registration concerning which a […]
§ 10-1-449. Damages for Fraud or False Representation in Registering Mark
Any person who shall for himself or on behalf of any person procure the filing or registration of any trademark or service mark in the office of the Secretary of State under the provisions of this part, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other […]
§ 10-1-450. Civil Action for Infringement of Registered Mark
Subject to Code Section 10-1-452, any person who shall: Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark or service mark registered under this part in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such […]
§ 10-1-451. Injunctions Against Infringement; Recovery of Profits and Damages; Destruction or Disposal of Counterfeit Trademarks; Seizure
Any owner of a trademark or service mark registered under this part may proceed by action to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof; and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as may be by the court deemed just […]
§ 10-1-452. Common-Law Rights in Marks Not Affected
Nothing in this part shall adversely affect the rights or the enforcement of rights in trademarks or service marks acquired in good faith at any time at common law. History. Ga. L. 1952, p. 134, § 18; Ga. L. 1963, p. 463, § 13.
§ 10-1-453. Unauthorized and Deceitful Use of Name or Seal a Misdemeanor
Any firm, person, corporation, or association who shall use the name or seal of any other person, firm, corporation, or association, in and about the sale of goods or otherwise, not being authorized to use the same, knowing that such use is unauthorized, with intent to deceive the public in the sale of goods, shall […]