How to Trademark in Georgia
Picture your brand like a blooming peach tree in the heart of Georgia — it needs protection to thrive. On this National Georgia Day (August 3), it’s the perfect time to think about how to safeguard that growth. A trademark helps keep your brand uniquely yours, whether you’re launching sweet tea in Savannah or an eco-tourism biz in the Blue Ridge Mountains.
In Georgia, you have two trademark paths: state-level and federal. Each fits different goals depending on where and how you operate. Let’s explore what makes Georgia’s business scene unique, how to choose the right trademark strategy, and how to protect your brand with confidence.
What Makes Georgia Unique for Business Owners
Georgia isn’t just about peaches and southern charm — it’s one of the top states for small business growth. From Atlanta’s tech startups to Augusta’s manufacturing hubs, there’s an entrepreneurial energy here that’s hard to ignore.
Atlanta in particular has become a magnet for Black-owned businesses, music industry startups, and innovative brands in logistics and fintech. Georgia’s strong identity often finds its way into business names — think “Savannah Sweets” or “Athens Outfitters.” These place-based names build instant local credibility, but also underscore the need for proper brand protection to keep competitors from cashing in on your identity.
Should You File a State Trademark or a Federal Trademark?
Before diving into paperwork, take a moment to evaluate your business goals. Here’s a quick checklist to help you decide if a Georgia state trademark is right for you:
✅ You only plan to do business within Georgia
✅ Your business name is highly local (e.g., includes a city or region)
✅ You want faster, more affordable trademark protection
✅ You’re not ready to file at the federal level yet
✅ You’re planning to grow but need an interim layer of brand protection
A state trademark offers a quick, budget-friendly way to claim rights to your brand in Georgia. On the other hand, a federal trademark provides broader protection across the U.S. — crucial for online sellers, franchise plans, or expansion into other states.
Regardless of the path, comprehensive trademark research is critical. A name that’s already in use — whether registered or not — can derail your plans. Trademark conflicts aren’t always obvious, which is why a proper search goes well beyond Google or the state database.
How to Register a Trademark in Georgia
Ready to protect your brand at the state level? Here’s a simple step-by-step guide to registering a Georgia state trademark through the Secretary of State.
Step-by-Step Process
Start with a Comprehensive Trademark Search
Before you file anything, take the time to search for existing trademarks — not just in Georgia’s database, but across federal and common law sources. Georgia does not search federal or other state records or common law usage, so it’s up to you to confirm that your mark isn’t already in use.
This includes:
- Searching the USPTO database for federal trademarks
- Checking business names, domain names, and social media handles
- Conducting a common law search to uncover unregistered uses
A thorough search now can save you legal headaches later.
Make Sure the Mark Is Already in Use
Georgia only registers trademarks that are already being used in commerce within the state. This means:
- Your goods must be for sale or distributed in Georgia, or
- Your services must already be provided in Georgia, using the mark
Gather Your Specimens
You’ll need three (3) specimens that show how your mark is currently used. These might include:
- Product packaging or labels
- Website screenshots
- Printed marketing materials or signage
All three specimens can be the same, as long as they clearly show your trademark in action.
Complete the Application
Download the state trademark application from the Georgia Secretary of State’s website. You’ll be asked to provide:
- The owner’s name and address
- A clear image or drawing of the mark
- A description of the goods or services
- Your three specimens of use
Pay the Filing Fee
Include a $15.00 filing fee with your application. This fee is non-refundable and non-transferable.
Submit by Mail
Georgia doesn’t currently offer online filing. Mail your completed application, specimens, and fee to:
OFFICE OF SECRETARY OF STATE
CORPORATIONS DIVISION
2 Martin Luther King Jr. Dr. SE
Suite 313 West Tower
Atlanta, Georgia 30334
Duration, Renewal & Important Reminders
- Your registration is valid for 10 years from the registration date.
- You must renew during the final 6 months before expiration.
- The renewal fee is $15.00, and the mark must still be in active use in Georgia.
- The Secretary of State will send a renewal notice to your last known address 6 months before expiration.
- There is no grace period — if you miss the deadline, your registration lapses.
⛔ Important Note: Georgia doesn’t conduct any database search before approval. That means even if your application is accepted, it doesn’t guarantee that your mark is free and clear to use. This is why a comprehensive search is not just smart — it’s essential.
What About Federal Trademark Protection?
Filing with the USPTO (United States Patent and Trademark Office) gives you exclusive rights to your brand across all 50 states and U.S. territories. This is the better option if:
- You sell online nationwide
- You plan to expand beyond Georgia
- You want to license, franchise, or protect your brand more comprehensively
But federal filings are more complex, take longer to process, and cost more upfront. That’s why starting with a professional trademark search is smart — it can help you avoid costly rejections and disputes down the road.
Trademark Search Tip for Georgia Businesses
If you’re launching a brand in Georgia, don’t stop your search at the Secretary of State’s database. It only shows marks registered at the state level, which is a tiny slice of what’s actually out there.
Here’s what else to check before you file:
- USPTO.gov for federal trademarks
- Common law sources, like Google, Yelp, and YellowPages
- Social media handles (Instagram, X, TikTok, etc.)
- Domain names to ensure availability for your website
Conclusion
Your brand is more than a name — it’s your reputation, your marketing, your business identity. Whether you’re just starting out or leveling up, protecting that brand early is one of the smartest moves you can make.
If you’re unsure whether a Georgia state trademark or a federal trademark is right for your business, don’t guess.
🔍 TradeMark Express helps you research and prep before you file — saving you time, money, and future headaches.