§ 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 […]
§ 10-1-440. When Trademark or Service Mark Used in State; Definitions
As used in this part, the term: “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. “Person” means any individual, firm, partnership, […]
§ 10-1-441. Registration of Marks — When Marks Ineligible
A trademark or service mark shall be entitled to registration unless it: Consists of or comprises immoral, deceptive, or scandalous matter; or Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols or bring them into contempt or disrepute; or Consists of […]