How to Register a Trademark in Georgia (2026)
Reviewed by DocDraft Legal Team · Georgia · Last updated August 12, 2026
A Georgia trademark or service mark is registered with the Georgia Secretary of State, Corporations Division, under the state trademark act at O.C.G.A. 10-1-440 et seq. Georgia charges $15 per class and each class needs its own application, which makes it one of the least expensive state filings in the country. Unlike a federal USPTO application, Georgia requires that the mark already be in actual use in the state before you can apply, so intent-to-use filings are not accepted. A registration lasts 10 years and renews for successive 10-year terms for another $15. State registration only reaches within Georgia, so businesses selling across state lines usually pair it with, or replace it by, a federal registration.
How much does it cost to register a trademark in Georgia?
The Georgia Secretary of State charges a $15 filing fee, and you must file a separate application for each class of goods or services your mark covers under O.C.G.A. 10-1-443. So a mark used in two classes costs $30. That state fee is far below the federal USPTO base fee of $350 per class, but Georgia protection stops at the state line.
Do I have to be using my mark before registering it in Georgia?
Yes. Georgia does not allow intent-to-use filings. Under O.C.G.A. 10-1-440, a mark is registrable only once it is actually used in the state, meaning goods bearing it are sold or distributed in Georgia, or the service is rendered here. This differs from the federal system, where you can reserve a mark under Section 1(b) before you sell anything.
Where do I file a Georgia trademark registration?
You file with the Georgia Secretary of State, Corporations Division, using the Trademark or Service Mark Registration application (form TMAPPL). The Corporations Division also hosts a public trademark search at eCorp so you can check existing state registrations before you apply. The office reviews the application and issues a certificate of registration if the mark qualifies.
How long does a Georgia trademark registration last?
A Georgia registration is effective for 10 years from the date of registration under O.C.G.A. 10-1-445, and you can renew it for successive 10-year terms. The renewal fee is $15, and the renewal application must be filed within the six months before the term expires. The Secretary of State mails a renewal notice to your last known address before expiration.
Georgia's in-use rule and a landmark right-of-publicity case
Georgia's trademark act, O.C.G.A. 10-1-440 et seq., is administered by the Secretary of State's Corporations Division and turns on one distinctive requirement: the mark must already be used in Georgia before you can register it. Section 10-1-440 defines that use narrowly, goods must be sold or distributed in the state and services must be rendered here, so there is no intent-to-use track like the federal Section 1(b) path. Each class of goods or services is filed as its own $15 application under O.C.G.A. 10-1-443, and a registration runs 10 years, renewable in like 10-year terms under O.C.G.A. 10-1-445. Georgia is also notable in the broader brand-protection landscape for the Georgia Supreme Court's 1982 decision in Martin Luther King, Jr. Center for Social Change v. American Heritage Products, 250 Ga. 135, which recognized a common-law right of publicity that survives death and is inheritable, a rule that shapes how a person's name and likeness, as opposed to a business mark, are protected in the state.
Relevant Laws
Georgia Trademark Act, O.C.G.A. 10-1-440 et seq.
The state statute governing trademark and service mark registration, including the in-use requirement in 10-1-440, one class per application in 10-1-443, and the 10-year renewable term and $15 renewal fee in 10-1-445.
Georgia Secretary of State, Corporations Division (trademark filing office)
The office that examines and registers Georgia trademarks and service marks. Provides the TMAPPL registration application, a $15 per-class fee, and the eCorp public trademark search.
Georgia Trade Secrets Act of 1990, O.C.G.A. 10-1-760 et seq.
Georgia's adoption of the Uniform Trade Secrets Act, protecting confidential business information from misappropriation, with a five-year limitations period and court authority to seal records.
Lanham Act (Trademark Act of 1946), 15 U.S.C. 1051 et seq.
The federal statute governing nationwide trademark registration through the USPTO, including the likelihood-of-confusion standard, for businesses that need protection beyond Georgia.
Regional Variances
Registering in Georgia vs. federally vs. common law
Georgia (Secretary of State, O.C.G.A. 10-1-440)
Protection within Georgia only. $15 per class, one application per class, and the mark must already be in use in the state. Lasts 10 years, renewable for $15 under O.C.G.A. 10-1-445.
Federal (USPTO, Lanham Act)
Nationwide priority, presumption of ownership, and the ® symbol. $350 per class and, unlike Georgia, allows intent-to-use filings before you sell. Lasts 10 years, renewable.
Common law (use alone)
Rights arise from use in your actual Georgia trading area without any filing. Free, but the hardest to enforce, with no registration certificate and no ® symbol.
Georgia's distinctive brand-protection rules
In-use requirement (no intent-to-use)
O.C.G.A. 10-1-440 requires actual use in Georgia before registration. There is no state equivalent of the federal Section 1(b) intent-to-use reservation.
Trade secrets (UTSA adopted)
The Georgia Trade Secrets Act of 1990, O.C.G.A. 10-1-760 et seq., follows the Uniform Trade Secrets Act, with a five-year limitations period for misappropriation claims.
Right of publicity (common law)
No publicity statute. Under MLK Center v. American Heritage Products, 250 Ga. 135 (1982), the right to a name and likeness survives death and is inheritable.
Suggested Compliance Checklist
Confirm actual use of the mark in Georgia
Before filing days after startingVerify that goods bearing your mark are sold or distributed in Georgia, or that the service is rendered here, as O.C.G.A. 10-1-440 requires. Record your date of first use in the state; intent-to-use filings are not accepted.
Search Georgia and federal trademark databases
Before filing days after startingSearch the Georgia Secretary of State eCorp trademark database for conflicting state marks and the USPTO Trademark Search for federal marks, focusing on confusingly similar marks on related goods or services.
Prepare a specimen and identify the class
Before filing days after startingGather a specimen showing the mark as used (label, tag, packaging, or service advertising) and identify the international class. Georgia requires a separate application per class under O.C.G.A. 10-1-443.
File the TMAPPL application and $15 per-class fee
When ready days after startingSubmit the Trademark or Service Mark Registration application (TMAPPL) to the Secretary of State, Corporations Division, with the specimen and a $15 fee for each class, to obtain a certificate of registration.
Calendar the 10-year renewal deadline
Within 6 months before the 10-year term ends days after startingUnder O.C.G.A. 10-1-445 a Georgia registration lasts 10 years and renews for successive 10-year terms. File the renewal with a $15 fee in the six months before expiration; do not rely solely on the mailed reminder.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in Georgia | Verify that goods bearing your mark are sold or distributed in Georgia, or that the service is rendered here, as O.C.G.A. 10-1-440 requires. Record your date of first use in the state; intent-to-use filings are not accepted. | - | Before filing |
| Search Georgia and federal trademark databases | Search the Georgia Secretary of State eCorp trademark database for conflicting state marks and the USPTO Trademark Search for federal marks, focusing on confusingly similar marks on related goods or services. | - | Before filing |
| Prepare a specimen and identify the class | Gather a specimen showing the mark as used (label, tag, packaging, or service advertising) and identify the international class. Georgia requires a separate application per class under O.C.G.A. 10-1-443. | - | Before filing |
| File the TMAPPL application and $15 per-class fee | Submit the Trademark or Service Mark Registration application (TMAPPL) to the Secretary of State, Corporations Division, with the specimen and a $15 fee for each class, to obtain a certificate of registration. | trademark-application | When ready |
| Calendar the 10-year renewal deadline | Under O.C.G.A. 10-1-445 a Georgia registration lasts 10 years and renews for successive 10-year terms. File the renewal with a $15 fee in the six months before expiration; do not rely solely on the mailed reminder. | - | Within 6 months before the 10-year term ends |
Frequently Asked Questions
No, they serve different purposes. A Georgia registration under O.C.G.A. 10-1-440 costs only $15 per class but protects you only inside Georgia and gives no nationwide priority or right to the federal ® symbol. A federal USPTO registration costs $350 per class and covers all 50 states. Businesses selling online or across state lines generally need the federal filing.
No. Georgia has no intent-to-use option. Under O.C.G.A. 10-1-440 a mark is registrable only after it is actually used in the state, meaning goods are sold or distributed in Georgia or the service is rendered here. If you want to lock in priority before selling, you must use the federal Section 1(b) intent-to-use path at the USPTO instead.
Yes. Georgia enacted the Georgia Trade Secrets Act of 1990, codified at O.C.G.A. 10-1-760 et seq., which closely follows the Uniform Trade Secrets Act. It lets a business sue for misappropriation of confidential information, allows courts to seal records to protect the secret, and sets a five-year limitations period running from when the misappropriation was or should have been discovered.
Yes, within limits. The Georgia Restrictive Covenants Act, O.C.G.A. 13-8-50 et seq., took effect in 2011 and applies to agreements signed on or after May 11, 2011. A covenant must protect a legitimate business interest and be reasonable in time, territory, and scope. Georgia courts may blue-pencil, or narrow, an overbroad covenant rather than voiding it entirely.
Yes, through a common-law right of publicity rather than a statute. In Martin Luther King, Jr. Center for Social Change v. American Heritage Products, 250 Ga. 135 (1982), the Georgia Supreme Court held that the right to control commercial use of a person's name and likeness survives death and passes to heirs. This matters when a brand uses a real person's identity in Georgia.
Other Georgia guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.