Definitions

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Deceptive or Unfair Practices
  6. Uniform Deceptive Trade Practices Act
  7. Definitions

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As used in this part, the term:

  1. "Article" means a product as distinguished from its trademark, label, or distinctive dress in packaging.
  2. "Certification mark" means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.
  3. "Collective mark" means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others or to indicate membership in the collective group or organization.
  4. "Mark" means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement.
  5. "Person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.
  6. "Service mark" means a mark used by a person to identify services and to distinguish them from the services of others.
  7. "Trademark" means a mark used by a person to identify goods and to distinguish them from the goods of others.
  8. "Trade name" means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement used by a person to identify his business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others.

(Ga. L. 1968, p. 337, § 1.)

Law reviews.

- For article, "A Patent and Trademark Primer," see 15 Ga. St. B. J. 58 (1978). For article, "Trademark Litigation," a brief overview of the subject, see 17 Ga. St. B. J. 158 (1981).

JUDICIAL DECISIONS

Cited in Original Appalachian Artworks, Inc. v. Toy Loft, Inc., 489 F. Supp. 174 (N.D. Ga. 1980); Reis v. Ralls, 250 Ga. 721, 301 S.E.2d 40 (1983); Diedrich v. Miller & Meier & Assocs., 254 Ga. 734, 334 S.E.2d 308 (1985); Johnston Indus. Ala., Inc. v. Nat'l Contract Assocs. (In re Johnston Indus.), 300 Bankr. 821 (Bankr. M.D. Ga. 2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Trademarks and Tradenames, § 1 et seq.

C.J.S.

- 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, §§ 1, 17, 142. 90 C.J.S., Trusts, § 275.

U.L.A.

- Uniform Deceptive Trade Practices Act (1966 Revision) (U.L.A.) § 1.

ALR.

- Who is a "consumer" entitled to protection of state deceptive trade practice and consumer protection acts, 63 A.L.R.5th 1.


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