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, […]
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 […]
Subject to the limitations set forth in this part, any person who adopts and uses a trademark or service mark in this state may file in the office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of such trademark or service mark setting […]
The following general classes of goods are established for convenience of administration of this part, but not to limit or extend the applicant’s or registrant’s rights; and a single application for registration of a trademark may include any or all goods upon which the trademark is actually being used comprised in a single class; but […]
Upon compliance by the applicant with the requirements of this part, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the state and it shall show the […]
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 […]
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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.
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 […]
As used in this Code section, the term “forged or counterfeited trademark, service mark, or copyrighted or registered design” means any mark or design which is identical to, substantially indistinguishable from, or an imitation of a trademark, service mark, or copyrighted or registered design which is registered for those types of goods or services with […]
