Georgia § 10-1-440 - When trademark or service mark used in state; definitions.
Full text of Georgia Official Code of Georgia Annotated § 10-1-440 — When trademark or service mark used in state; definitions., with citation guidance and answers to common questions.
§ 10-1-440. When trademark or service mark used in state; definitions.
As used in this part, the term: "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 application for registration of a trademark or service mark under this part. "Person" means any individual, firm, partnership, corporation, association, union, or other organization. "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. "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. "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. 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. 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. (Ga. L. 1952, p. 134, § 6; Ga. L. 1963, p. 463, § 1.) Law reviews. - For article, "Trademark Monopolies," see 48 Emory L.J. 367 (1999). For article, "Post-Creation Checklist for Georgia Business Entities," see 9 Ga. St. B. J. 24 (2004).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 10-1-440
What does Official Code of Georgia Annotated § 10-1-440 cover?
Section 10-1-440 ("When trademark or service mark used in state; definitions.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 10-1-440?
A common citation format is "Official Code of Georgia Annotated § 10-1-440" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 10-1-440 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.