Legal Question in Intellectual Property in Georgia

temporary trademark protection?

i've started a company with a unique name. i haven't done a proper registered search yet, but feel 99% confident that the name is not registered.

how can i protect the mark until i apply for and am awarded registered status?

i cannot afford the fees at the moment and want to be smart moving forward in the interim.


Asked on 12/18/07, 3:49 pm

2 Answers from Attorneys

Jeff Kent Kent & Merritt, P.A.

Re: temporary trademark protection?

Once you start using the name, you have some common law trademark protection, although not as strong as it would be with a federal registration. Also, you can file for a state law trademark with the Georgia Secretary of State (only $15 fee). It might provide a bit of protection, but again, not as much as the federal registration.

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Answered on 12/18/07, 3:56 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: temporary trademark protection?

In addition, you can conduct free federal trademark registration searches at: http://tess2.uspto.gov/bin/gate.exe?f=tess&state=1p284l.1.1

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 12/18/07, 4:55 pm


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