A federal trademark application with the USPTO costs $350 per class as a base fee (effective January 18, 2025), and a registration lasts 10 years, with a Section 8 declaration due between years 5 and 6. Georgia also offers a 10-year state registration. Parisi Law Firm helps Northeast Georgia businesses protect names, logos, content, and trade secrets; call (404) 594-5130 for a consultation.
Most small business owners don't think about intellectual property until something goes wrong. A competitor opens across the county with a name that sounds a lot like yours. A former web designer claims they still own your logo. A crew lead leaves and takes your pricing sheets with him. By then, the fix is harder and more expensive than the prevention would have been.
Parisi Law Firm helps roofers, HVAC and plumbing companies, landscapers, retailers, and other small businesses across Jefferson, Jackson County, and Northeast Georgia protect the things that make them recognizable and competitive. You work directly with Jerry Parisi, and we'll tell you plainly which protections are worth paying for and which ones your business doesn't need yet.
Your name and logo: trademark rights start with use
A trademark is any name, logo, slogan, or symbol that tells customers a product or service comes from you. In the United States, you can build trademark rights simply by using a mark in commerce. These are called common-law rights, and Georgia's trademark statute expressly preserves them (O.C.G.A. § 10-1-452).
The catch is that common-law rights are generally limited to the area where you actually do business and have built a reputation. If you run trucks in Jackson and Barrow counties, your unregistered name may do little for you if a company in another part of the country starts using it first, or registers it federally before you do. Registration is how you turn a local reputation into a right that is easier to prove and enforce.
Clear the name before you paint the trucks
The cheapest trademark fight is the one you avoid. Before you commit to a new business name, logo, or product line, it pays to search for existing users of the same or similar marks in your field. A name that feels original can turn out to be close to a mark someone else has used for years.
- Search federal trademark records for identical and similar marks in related goods and services
- Check Georgia state trademark records and business listings in your market
- Look at domain names, social media handles, and ordinary web search results
- Weigh how distinctive the name is: made-up or unusual names are easier to protect than descriptive ones like 'Quality Roofing'
- Talk through any close calls with an attorney before you print signs, wraps, and uniforms
Federal registration with the USPTO
A federal registration from the U.S. Patent and Trademark Office gives you nationwide notice of your claim to the mark and a strong position if someone copies it. Under the USPTO fee rule effective January 18, 2025, the base application fee is $350 per class of goods or services. Surcharges can apply per class: $100 if the application is missing certain required information, $200 if you write your own description instead of using the USPTO's pre-approved ID Manual entries, and $200 for each additional 1,000 characters of description.
A federal registration stays in force for 10 years and can be renewed for further 10-year periods. You also have to keep it alive along the way: a Section 8 declaration of continued use is due on or after the fifth anniversary of registration and no later than the sixth, and the current USPTO fee for that filing is $325 per class. Missing that window is one of the most common ways small businesses lose a registration they paid for.
Georgia state trademark registration
Georgia runs its own trademark registry under O.C.G.A. § 10-1-440 et seq., filed with the Georgia Secretary of State. A Georgia registration lasts 10 years from the date of registration and can be renewed. Each application covers one class of goods or services, so a business that sells products and also provides services may need more than one filing.
A state registration can make sense for a business that operates only in Georgia and has no plans to expand. It does not reach beyond the state line, though, so for many growing businesses federal registration is the stronger choice. We'll help you decide which route, or both, fits your plans.
Your LLC filing is not a trademark
Many owners assume that once the Secretary of State accepts their LLC or corporation name, the name is theirs. As a general rule, it isn't. Registering an entity name mainly keeps another Georgia company from filing under the same name on the state's business records. It doesn't give you trademark rights to stop others from using a similar brand, and it doesn't protect you if someone else already owns the mark. Forming your company and protecting your brand are two separate steps; see our business formation page for the first one.
Copyright: your website, photos, and written materials
Copyright protects original creative work: website text, photos of your finished jobs, brochures, videos, training manuals, and software. Protection attaches when the work is created, but registering with the U.S. Copyright Office strengthens your ability to enforce it in court. Electronic registration costs $45 for a single author filing one work that is not a work made for hire, and $65 for other electronic filings.
Ownership is where small businesses get tripped up. Work an employee creates as part of the job generally belongs to the business. Work an outside contractor creates, such as a freelance web designer, a photographer, or a marketing agency, may belong to the contractor unless a written agreement says otherwise. The fix is simple: put a written IP assignment clause in every employment agreement and every contractor or vendor agreement, so that logos, websites, photos, and content you pay for belong to your business.
Trade secrets: your pricing, customer lists, and methods
Some of your most valuable information can't be registered at all: bid formulas, supplier pricing, customer lists, and the way you run a job. Georgia protects this information under the Georgia Trade Secrets Act, but only if you take reasonable steps to keep it secret. That means limiting access, marking confidential documents, and using written confidentiality agreements.
If someone misappropriates your trade secrets, don't wait. Under O.C.G.A. § 10-1-766, a lawsuit must be brought within five years after the misappropriation is discovered, or should have been discovered with reasonable diligence. For drafting NDAs and restrictive covenants that back up your trade secret protection, see our NDA and non-compete agreements page.
Cease-and-desist letters, domain names, and patents
- Sending a cease-and-desist letter: a firm, accurate letter often stops infringement without a lawsuit, but an overstated one can backfire, so the claim should be checked first.
- Receiving one: don't ignore it and don't fire back an angry reply. Save your records of when you started using the name, and have an attorney assess whether the claim has merit before you rebrand or respond.
- Domain names: register the domains that match your business name and key variations early, keep them in the company's name (not a web designer's), and watch for lookalike domains used to divert your customers.
- Patents: patent applications must be prepared and prosecuted by a practitioner registered with the USPTO. If your business has an invention worth protecting, we coordinate with a registered patent practitioner.
Trademark vs. copyright vs. trade secret
| Trademark | Copyright | Trade secret | |
|---|---|---|---|
| What it protects | Names, logos, slogans that identify your business | Original creative work: text, photos, video, software | Confidential business information: pricing, customer lists, methods |
| Where to register | USPTO (federal) or Georgia Secretary of State (state) | U.S. Copyright Office | No registration; protected by keeping it secret |
| Filing fee | USPTO: $350 base fee per class, plus any surcharges | $45 (single author, one work, not for hire) or $65 (other electronic filings) | None |
| How long it lasts | 10-year terms, renewable (federal and Georgia); federal Section 8 declaration due between years 5 and 6 | Long-term protection set by federal law | As long as the information stays secret |
| Key Georgia or federal law | O.C.G.A. § 10-1-440 et seq.; federal registration rules at the USPTO | Federal copyright law | Georgia Trade Secrets Act (5-year limitations period, O.C.G.A. § 10-1-766) |
Frequently Asked Questions
How much does it cost to register a trademark with the USPTO?
The USPTO base application fee is $350 per class of goods or services, effective January 18, 2025. Surcharges can add $100 per class for missing information, $200 for a free-form description instead of an ID Manual entry, and $200 per additional 1,000 characters. Attorney fees for clearance and filing are separate.
How long does a federal trademark registration last?
A federal registration lasts 10 years and can be renewed for additional 10-year periods. You must also file a Section 8 declaration of continued use between the fifth and sixth anniversary of registration. If you miss that filing, the USPTO can cancel the registration even though you're still using the mark.
Does registering my LLC name protect it as a trademark?
Generally, no. An LLC or corporation filing with the Georgia Secretary of State mainly keeps another company from registering the same entity name on state records. It doesn't give you trademark rights to stop a competitor from using a similar brand. Trademark protection comes from use and from state or federal trademark registration.
Should I register my trademark in Georgia or federally?
A Georgia registration lasts 10 years and covers one class per application, but it only reaches within Georgia. Federal registration with the USPTO gives nationwide protection. Businesses that plan to grow, sell online, or work across state lines usually benefit from federal registration. Some businesses file both.
Who owns a logo or website a contractor made for my business?
Not necessarily you. Work an employee creates on the job generally belongs to the business, but work by an outside designer, photographer, or agency may belong to the contractor unless a written agreement assigns it to you. Put a written IP assignment clause in every contractor agreement before the work starts.
How long do I have to sue over stolen trade secrets in Georgia?
Under the Georgia Trade Secrets Act, O.C.G.A. § 10-1-766, you must bring a misappropriation lawsuit within five years after you discover it, or after you reasonably should have discovered it. Evidence fades and damage grows, so talk to an attorney as soon as you suspect a problem.
What should I do if I get a cease-and-desist letter?
Don't ignore it, and don't respond in anger. Gather records showing when you started using your name or logo, avoid making admissions, and have an attorney review whether the claim has merit. Many disputes are resolved by a measured response or a negotiated transition rather than a lawsuit.
Can Parisi Law Firm file a patent for my invention?
Patent applications must be handled by a practitioner registered with the USPTO. When a client has an invention worth protecting, we coordinate with a registered patent practitioner while we handle the related business issues, such as ownership agreements, NDAs, and licensing contracts.