Once an individual or company uses a trademark, servicemark, or trade name in commerce to identify a product or service, and to distinguish it from products or services of others, the common law affords a certain measure of protection. The following is an overview of those steps which a business or individual can take to maximize these protections. If the business is organized as a corporation or limited liability company, the Georgia Code protects your corporate name and prevents anyone else from using the same name. Thus, if you have or can develop a unique name for your company or product, forming a business entity and using that unique name will prevent others from using it as their business name. Incorporation serves other business objectives as well and is advisable to help prevent or minimize other forms of infringement and unauthorized use.
Many businesses use trade names which differ from the name of the corporation.
Georgia law requires every person, firm, or corporation to register in the county in which it conducts business, if it operates under a trade name which does not disclose the name of the owners or does not use the corporate name. Trade name registration is inexpensive and should be made in each and every county where protection is needed. This process does not directly protect against trademark or trade name infringement, but is useful when invoking other statutory protections, particularly to show the scope of use of the name in question. Georgia law also authorizes trademarks and service marks to be registered with Georgia's Secretary of State. Trade names can also be registered in this manner, even without a distinctive logo or mark.