How to Trademark a Business Name in Georgia (2026)

Fact-checked by the LegalGlass editorial team against primary sources · Published Aug 6, 2026 · Last updated Aug 6, 2026

To trademark a business name in Georgia, conduct a search of the Georgia Secretary of State's records and then file a state trademark application with the Georgia Secretary of State. The filing fee is $15 per class of goods or services. This state registration provides protection only within Georgia; nationwide protection requires registration with the U.S. Patent and Trademark Office (USPTO).

Quick Answer

Agency: Georgia Secretary of State, Corporations Division
Form: Trademark Application (Form CD 231)
Filing fee: $15 per class of goods/services (2026)
Term: 5 years, renewable
Protection: Limited to Georgia
Federal: Requires USPTO registration for nationwide rights

Understanding Trademarks in Georgia

A trademark is a word, phrase, symbol, or design (or a combination of these) that identifies and distinguishes the source of goods of one party from those of others. A service mark does the same for services. In Georgia, trademark rights can arise from actual use of a mark in commerce (common law rights) or from formal registration with the Georgia Secretary of State. State registration provides certain legal advantages within Georgia, such as public notice of your claim and the ability to sue for infringement in state courts.

It is crucial to understand that registering your business name (e.g., forming an LLC in Georgia or incorporating) with the Georgia Secretary of State does not automatically grant trademark protection. Business name registration primarily prevents other entities from registering the exact same legal name in Georgia for corporate purposes. Trademark protection, by contrast, prevents others from using a confusingly similar name or logo in connection with similar goods or services, regardless of their legal entity name.

For a comprehensive understanding of trademarks, see the LegalGlass trademark hub. This guide focuses on obtaining a state-level trademark in Georgia.

Georgia State vs. Federal Trademark Protection

The scope of protection is the primary difference between a Georgia state trademark and a federal trademark:

Georgia State Trademark: Registered with the Georgia Secretary of State, this type of trademark provides legal protection only within the geographical boundaries of Georgia. It is suitable for businesses that operate exclusively within the state and do not intend to expand across state lines.
Federal Trademark: Registered with the U.S. Patent and Trademark Office (USPTO), a federal trademark provides nationwide protection. It is generally recommended for businesses that operate in multiple states, sell products online to customers across the U.S., or plan to expand nationally. Federal registration also offers additional benefits, such as the ability to sue in federal court and the right to use the ® symbol.

Many businesses choose to pursue both state and federal registration, or start with federal if their business has a national scope from the outset. The process for federal registration is more complex and involves different forms and fees, which are detailed on the USPTO website.

How to Trademark a Business Name in Georgia, Step by Step

The process for obtaining a state trademark in Georgia involves several key steps:

Determine Trademark Eligibility: Your business name must be distinctive enough to function as a trademark. Generic terms (e.g., "Shoe Store" for a shoe store) or merely descriptive terms (e.g., "Fast Pizza" for a pizza place that delivers quickly) are generally not registrable as trademarks without demonstrating "secondary meaning" through extensive use. Suggestive, arbitrary, or fanciful marks are stronger and more easily protected.
Conduct a Trademark Search: Before filing, it is critical to search for existing trademarks that are similar to your proposed name and used for similar goods or services. This helps avoid potential infringement issues and increases the likelihood of your application being approved.
- Georgia Secretary of State Records: Search the Georgia Secretary of State's online database for existing state trademarks. This search will also show registered business entities, though remember entity registration is not trademark registration.
- USPTO Database: Even if you only seek state protection, it is advisable to search the USPTO's Trademark Electronic Search System (TESS) to identify any federal registrations that might have priority or broader common law rights.
- Common Law Search: Conduct broader searches online (e.g., business directories, web searches) to identify any unregistered marks being used in commerce that could conflict with your proposed mark.
Prepare Your Application: Complete the Georgia Trademark Application (Form CD 231). You will need to provide:
- The name and address of the applicant.
- The mark to be registered (the business name).
- A description of the goods or services on which the mark is used.
- The date of first use of the mark anywhere, and the date of first use of the mark in Georgia.
- The class of goods or services (Georgia uses the international Nice Classification system). You must specify the class(es) relevant to your business.
- A specimen showing how the mark is actually used in commerce (e.g., a label, tag, advertisement, or screenshot of a website).
File the Application and Pay Fees: Submit the completed application form and the required filing fee to the Georgia Secretary of State, Corporations Division. As of 2026, the fee is $15 per class of goods or services. You can typically file by mail.
Review and Registration: The Georgia Secretary of State will review your application for compliance with state trademark law. If approved, your mark will be registered, and you will receive a certificate of registration. If there are issues, you may receive an office action requesting clarification or amendments.

The Georgia Trademark Act is found in O.C.G.A. § 10-1-440 et seq., which governs the registration process and rights conferred.

Georgia Trademark Filing Fees (2026)

The fees for trademark-related filings with the Georgia Secretary of State are relatively low compared to federal fees. These fees are set by the state and are subject to change.

Item	Form	Fee (2026)	Agency
Trademark Application	Form CD 231	$15 per class	Georgia Secretary of State
Trademark Renewal Application	Form CD 232	$15 per class	Georgia Secretary of State
Trademark Assignment	Form CD 233	$15	Georgia Secretary of State

These fees are for state-level registration only. Federal trademark application fees with the USPTO typically range from $250 to $350 per class, depending on the filing method and application type.

Maintaining Your Georgia Trademark

A Georgia state trademark registration is valid for five years from its registration date. To maintain your rights, you must renew the registration before it expires. The renewal process involves filing a Trademark Renewal Application (Form CD 232) with the Georgia Secretary of State and paying the renewal fee, which is currently $15 per class.

It is also important to continuously use your trademark in commerce. Trademark rights are generally maintained through ongoing use. If you stop using your mark for an extended period, you may be deemed to have abandoned your rights, even if it is formally registered.

If ownership of the trademark changes (e.g., if you sell your business), you should record the assignment of the trademark with the Georgia Secretary of State by filing a Trademark Assignment (Form CD 233) and paying the associated fee.

Enforcing Your Trademark Rights in Georgia

Once your business name is registered as a trademark in Georgia, you gain certain legal presumptions and remedies. If another party uses a confusingly similar mark for similar goods or services within Georgia, you may have grounds to pursue a trademark infringement claim. Remedies for infringement can include:

Injunctive Relief: A court order preventing the infringing party from further use of the mark.
Monetary Damages: Compensation for financial losses you incurred due to the infringement.
Attorney's Fees: In some cases, a court may award attorney's fees to the prevailing party.

Before initiating legal action, it is often advisable to send a cease and desist letter to the infringing party, formally notifying them of your trademark rights and demanding that they stop using the infringing mark. Consulting with an attorney specializing in intellectual property law is recommended for any enforcement actions.

Common Mistakes to Avoid

When seeking to trademark a business name in Georgia, several common pitfalls can lead to delays, rejections, or even legal disputes:

Insufficient Search: Failing to conduct a thorough trademark search can lead to filing an application for a mark that is already in use or registered, resulting in rejection or a cease and desist letter from an existing rights holder.
Confusing Business Name Registration with Trademark: Many business owners mistakenly believe that registering their LLC or corporation name with the Secretary of State provides trademark protection. These are distinct legal concepts with different purposes.
Using Generic or Descriptive Terms: Attempting to trademark a name that is too generic or merely descriptive of the goods or services offered will likely result in rejection, as such terms generally cannot function as trademarks.
Incorrect Classification of Goods/Services: Misclassifying your goods or services can limit the scope of your protection or lead to rejection. Georgia uses the Nice Classification system, and it's important to select the correct class(es).
Failing to Provide Proper Specimen: The specimen must show the mark as it is actually used in commerce. Submitting an incorrect or insufficient specimen can cause delays or rejection.
Neglecting Federal Registration: For businesses operating beyond Georgia's borders, relying solely on state registration leaves them vulnerable to infringement outside the state and misses out on the broader protections of federal registration.

Careful preparation and understanding of trademark principles can help avoid these issues.

Frequently Asked Questions

How much does it cost to trademark a business name in Georgia?

The filing fee for a Georgia state trademark application is $15 per class of goods or services. This fee is paid to the Georgia Secretary of State. Federal trademark applications with the USPTO have higher fees, typically starting at $250-$350 per class.

How long does a Georgia state trademark last?

A Georgia state trademark registration is valid for five years from its registration date. It can be renewed for successive five-year periods by filing a renewal application and paying the required fee to the Georgia Secretary of State.

Do I need a federal trademark if I have a Georgia trademark?

A Georgia state trademark provides protection only within the state of Georgia. If your business operates or plans to operate across state lines, a federal trademark registration with the U.S. Patent and Trademark Office (USPTO) is generally necessary for nationwide protection and other federal benefits.

Can I trademark a business name that is already registered as an LLC in Georgia?

Registering a business name as an LLC with the Georgia Secretary of State does not grant trademark rights. Trademark rights are based on use in commerce. If another entity is already using a similar name for similar goods or services, even if not formally trademarked, they may have superior common law trademark rights.

What is the difference between a trademark and a business name registration in Georgia?

A business name registration (like an LLC or corporation name) reserves your entity name with the Georgia Secretary of State for corporate purposes. A trademark protects your brand name, logo, or slogan used to identify your goods or services from those of others. They serve different legal functions.

Sources

Georgia Secretary of State - Trademarks and Service Marks.
Georgia Secretary of State - Trademark Application (Form CD 231).
Georgia Secretary of State - Trademark Renewal Application (Form CD 232).
Georgia Secretary of State - Trademark Assignment (Form CD 233).
Georgia Secretary of State - Corporations Forms and Fees (confirming $15 fee).
O.C.G.A. § 10-1-440 - Definitions (Georgia Trademark Act).
O.C.G.A. § 10-1-441 - Registrability.
O.C.G.A. § 10-1-442 - Application for registration.
O.C.G.A. § 10-1-443 - Certificate of registration.
O.C.G.A. § 10-1-444 - Duration and renewal.
U.S. Patent and Trademark Office (USPTO) - What is a Trademark?.
U.S. Patent and Trademark Office (USPTO) - Trademark Filing Basics.
U.S. Patent and Trademark Office (USPTO) - Trademark Search (TESS database).
U.S. Patent and Trademark Office (USPTO) - Trademark vs. Copyright vs. Patent.

LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or tax professional. Laws, fees, and thresholds change; verify current requirements with the Georgia Secretary of State and the USPTO before acting.