Public-domain · open source
OpenJurist

O.C.G.A. § 10-1-440

Definitions; when trademark or service mark deemed used in state

Applied in 1 court decision — leading case Daisy Byrd Mobley v. Claire Fermont Langlais (2017)

Most recently applied in Daisy Byrd Mobley v. Claire Fermont Langlais (July 2017)

For article, “Post-Creation Checklist for Ga

(a) As used in this part, the term:

(1) “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 appli-

cation for registration of a trademark or service mark under this part.

(2) “Person” means any individual, firm, partnership, corporation, association, union, or other organization.

(3) “Registrant” means the person to whom the registration of a trademark or service mark under this part is issued and the legal representatives, successors, or assigns of the person to whom the registration of a trademark or service mark under this part is issued.

(4) “Service mark” means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify the services of one person and to distinguish them from the services of others.

(5) “Trademark” means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others.

(b) For the purposes of this part, a trademark shall be deemed to be “used” in this state when it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in this state.

(c) For the purposes of this part, a service mark shall be deemed to be “used” in this state when it is used to identify the services of one person and to distinguish them from the services of others and such services are sold or otherwise rendered in this state.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.