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. Our legal organ is:
521 East Main Street
Canton, GA 30114
Click here for a notice from the Cherokee Tribune.
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.
$171.00 FILING FEE TO: Clerk of Superior Court
(See applications for acceptable form of payments)
The Trade Name Application can be eFiled thru CSC www.erecording.com, or mailed/walked in to 90 North Street STE G150, Canton, GA 30114.
For Information on incorporating a business please visit www.georgia.gov