Georgia law requires that every person, firm or partnership carrying on in this state any trade or business under any trade name or partnership name which does not disclose the individual ownership of the trade, business or profession shall before commencing to do business, file a registration statement in the office of the Clerk of Superior Court and that notice of such filing shall be published in the legal organ of the county once a week for two weeks.
Henry Daily Herald
38 Sloan Street
McDonough, GA 30253
The law further provides that any person, firm or partnership or corporation subject to such law carrying on any trade or business without filing registration as required shall be guilty of a misdemeanor and may be subject to other penalty or forfeiture. (O.C.G.A. 10-1-493)
IT SHOULD NOT BE ASSUMED THAT TRADE NAME REGISTRATION PURSUANT TO THIS LAW NECESSARILY “SECURES” OR “PROTECTS” THE USE OF THE NAME REGISTERED EXCLUSIVELY TO THE USE OR BENEFIT OF THE PERSON FILING THE REGISTRATION. AS THE LAW CONCERNING PROTECTION OF TRADE NAME IS VERY COMPLEX AND RIGHTS IN AND ANY GIVEN NAME MAY DEPEND ON THE FACTUAL CIRCUMSTANCES PRESENTED, IT IS SUGGESTED THAT YOU CONSULT YOUR ATTORNEY FOR GUIDANCE IN THE EVENT YOU ARE CONCERNED WITH PROTECTING THE USE OF SUCH NAME.
The employees in this office will be happy to assist you with the filing of your registration statement but are prohibited from giving any legal advice on legal issues.
$157.00 FILING FEE TO: Clerk of Superior Court
$40.00 PUBLICATION FEE TO: Henry Daily Herald ( 200 words)
$60.00 PUBLICATION FEE ( OVER 200 WORDS )
You may download the trade name application form here (PDF).