The attorneys of Quarterman Hodson & Morang, P.C. can help your business determine whether a trade name registration is required and take the appropriate steps to avoid future penalties for failing to properly register and advertise use of a trade name.
A “trade name” also known as a “DBA”, is a name an owner uses to identify his/her business when that name used by the business differs from the name of the incorporated entity. A trade name should not be confused with a “trademark” which is used to identify a good or service a business provides. “Trade names” are not registered at the state or federal level, but are registered with local government, primarily in the county in which a business operates. (O.C.G.A. 10-1-490). If a trade name meets the criteria of a trademark or service mark, however, it also might be eligible for registration as such on a state or federal level. Registering a business trade name involves several key steps that the attorneys at Quarterman Hodson & Morang, P.C. can assist clients with, including verification that the trade name to be registered is not currently in use in the County of record including (1) consulting the Trade Name books in, which contain all of the names registered in each county from 1935 to the present; (2) completion and execution of an Application to Register a Business to be Conducted Under Trade Name, Partnership or Others in the office of the Clerk of Court; and (3) the running of a newspaper legal ad containing information from the application to the legal organ of the county where the filing is being made, which runs for two consecutive weeks.