Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-1-424.1 Brake fluid, §10-1-187
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Violations, §10-1-189. Buying clubs or services, §10-1-601. Transition and continuation upon change of responsibility to attorney general, §10-1-606. Cemeteries, §10-14-14. Authority of state board of cemeterians, §10-14-3.1. Minimum standards, §10-14-30. Owner of cemetery, §10-1…
O.C.G.A. § 10-1-426 Legal services, §10-1-427
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Auction sales. Misrepresenting ownership, §§10-1-425, 10-1-426. Broadcasters and publishers. False advertising of legal services. Exemption when acting in good faith, §10-1-427. False or fraudulent statements in advertising. Excepted when acting in good faith, §10-1-421. Liquidat…
O.C.G.A. § 10-1-427 Agents
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Buying or selling for self, §10-6-24. Antifreeze, §§10-1-200 to 10-1-211. Art. Limited edition art reproductions. Advertising and sale of multiples generally, §10-1-431. Rights in works of fine art, §10-1-510. Below cost sales. Gasoline, §§10-1-250 to 10-1-256. Books. Tie-in sales…
O.C.G.A. § 10-1-430 Definitions
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As used in this part, the term: (1) “Art dealer” means a person who is in the business of dealing exclusively or nonexclusively in fine art multiples, a person who by his occupation holds himself out as having knowledge or skill peculiar to fine art multiples or persons to whom tha…
O.C.G.A. § 10-1-431 Motor vehicle franchises
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Termination, cancellation or renewal of franchise. Repurchase of parts offered for sale in current parts catalogue, §10-1-651. Retail installment and home solicitation sales. Mail order and telephone sales, §10-1-5. CATALYTIC CONVERTERS.
O.C.G.A. § 10-1-432 Information to be disclosed
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(a) Except as provided in subsections (c), (d), and (e) of this Code section, the following information shall be provided as required by Code Section 10-1-431: (1) The name of the artist; (2) If the artist’s name appears on the multiple, a statement whether the multiple was signe…
O.C.G.A. § 10-1-433 Warranties
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(a)(1) Except as provided in paragraph (2) of this subsection, whenever an art dealer furnishes information as required by Code Section 10-1-432, such information shall be a part of the basis of the bargain and shall create express warranties as to the information provided. Such …
O.C.G.A. § 10-1-434 Remedies not exclusive
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(a) The rights, liabilities, and remedies created by this part shall be construed to be in addition to and not in substitution, exclusion, or displacement of other rights, liabilities, and remedies provided by law. (b) Whenever an artist sells or consigns a multiple of his own cr…
O.C.G.A. § 10-1-435 Civil remedies for violations
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(a) An art dealer, including a dealer consignee, who offers or sells a multiple in, into, or from this state without providing the information required in Code Sections 10-1-431 and 10-1-432 or who provides information which is mistaken, erroneous, or untrue, except for harmless …
O.C.G.A. § 10-1-436 Attorneys
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False solicitation in media of legal services, §10-1-424.1. Buying clubs or services, §10-1-604. Certified public weighers. Administrative penalty, §10-2-53. Commodities and commodity contracts and options. Violations of chapter, rule or order, §§10-5A-21, 10-5A-22. Deceptive trad…
O.C.G.A. § 10-1-437 Exemptions
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(a) This part shall not apply to any fine art multiple when offered for sale or sold at wholesale or retail for $100.00 or less, exclusive of any frame. (b) Any charitable organization which conducts a sale or auction of fine art multiples shall be exempt from the disclosure requir…
O.C.G.A. § 10-1-438 Farm tractor warranty act
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Action for violation of informal dispute settlement procedures, §10-1-816. Financial protections for elderly and disabled adults, securities regulation. Qualified individuals. Participation in or material aid to financial exploitation. Liability, §10-5-107. Gasoline below cost sale…
O.C.G.A. § 10-1-439 Short title
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This part shall be known and may be cited as the “Georgia Firearms Industry Nondiscrimination Act.” History. Code 1981, § 10-1-439, enacted by Ga. L. 2017, p. 555, § 2/HB 292; Ga. L. 2024, p. 139, § 1/HB 1018, effective July 1, 2024. Editor’s notes. Ga. L. 2024, p. 139, § 1/HB 10…
O.C.G.A. § 10-1-439.1 Definitions
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As used in this part, the term: (1) “Disclose a financial record” means transfer, publish, or distribute protected financial information to another person for any purpose other than to: (A) Process or facilitate a payment card transaction; or 344 10-1-439.1 SELLING/OTHER TRADE PRAC…
O.C.G.A. § 10-1-439.11 Application
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The requirements of this part shall apply only prior to the completion of the initial order for the online automatic renewal or continuous service; provided, however, that an acknowledgment that includes the automatic renewal offer terms or continuous service offer terms, cancell…
O.C.G.A. § 10-1-439.12 Exemptions
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The following are exempt from the requirements of this part: (1) Any service provided by a business or its affiliate when either the business or its affiliate is doing business as a franchise issued by a political subdivision of this state; (2) Any service provided by a business …
O.C.G.A. § 10-1-439.13 RENT
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Convenience warehousing. General provisions, §§10-4-190 to 10-4-193. Self-service storage facilities.
O.C.G.A. § 10-1-439.15 Short title
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This part shall be known and may be cited as the “Georgia Online Third-Party Delivery Service Transparency Act.” History. Code 1981, § 10-1-439.15, enacted by Ga. L. 2023, p. 592, § 2/HB 528, effective January 1, 2024. 10-1-439.16. Purpose.
O.C.G.A. § 10-1-439.16 Purpose
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The purpose of this part shall be to stop the practice of third-party delivery services taking orders for or arranging for the pickup, transportation, or delivery of ready-to-eat food from a food service establishment and from using such establishment’s name, likeness, registered…
O.C.G.A. § 10-1-439.17 Definitions
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As used in this part, the term: (1) “Customer” means the person, business, or other entity placing or receiving an order, for remuneration, for the pickup, transportation, or delivery of ready-to-eat food from a food service establishment through a third-party delivery service. 3…
O.C.G.A. § 10-1-439.18 Prohibited activity of third-party delivery services
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A third-party delivery service shall not: (1) Take an order for or arrange for the pickup, transportation, or delivery of an order from a food service establishment to a customer without such establishment’s prior written consent expressly authorizing such service to take such or…
O.C.G.A. § 10-1-439.19 Enforcement; penalties
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10 T.10, C.1 SELLING/OTHER TRADE PRACTICES T.10, C.1 Article 16 PART 2 Trademarks, Service Marks, and Trade Names NAMES AND EMBLEMS OF FRATERNAL, CHARITABLE, AND OTHER ORGANIZATIONS Sec. 10-1-470. PART 1 REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS Sec. 10-1-440. 10-1-441…
O.C.G.A. § 10-1-439.2 Discrimination in financial services prohibited
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(a) Unless otherwise precluded by law, regulation, or membership eligibility, it shall be an unlawful discriminatory practice for any person to refuse to provide financial services of any kind to, to refrain from continuing to provide existing financial services to, to terminate ex…
O.C.G.A. § 10-1-439.3 Weighers
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Certified public weighers. Administrative penalty, §10-2-53. Weights and measures, §10-2-21. PERJURY. Convenience warehousing. False swearing, §10-4-193. PERMITS. Antifreeze. Sales, §10-1-203. Brake fluid. Sales, §10-1-185. Grain moisture testing equipment operators, §10-2-16. Liqu…
O.C.G.A. § 10-1-439.4 Exemptions
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The provisions of this part shall not apply to any bank, trust company, credit union, or merchant acquirer limited purpose bank that is chartered under the laws of this state or any other state to the extent that federal law precludes or preempts or has been determined to preclud…
O.C.G.A. § 10-1-439.5 Short title
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This part shall be known and may be cited as the “Georgia Online Automatic Renewal Transparency Act.” History. Code 1981, § 10-1-439.5, enacted by Ga. L. 2023, p. 592, § 1/HB 528, effective January 1, 2024. 10-1-439.6. Purpose; construction with federal law.
O.C.G.A. § 10-1-439.6 Consumer
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Consent and knowledge of, §10-1-439.9. Defined, §10-1-439.7. CONTRACTS —Cont’d Online automatic renewal transparency —Cont’d Consumer —Cont’d Receipt of goods, wares, merchandise or products without consent, §10-1-439.10. Continuous service. Defined, §10-1-439.7. Definitions, §10-1-…
O.C.G.A. § 10-1-439.7 Definitions
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As used in this part, the term: (1) “Automatic renewal” means a plan or arrangement in which an online paid subscription or purchasing agreement is automatically renewed at the end of a definite term of more than 31 days for a subsequent definite term of more than 31 days. (2) “Con…
O.C.G.A. § 10-1-440 Used utility wire
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Secondary metals recyclers, §10-1-350. Value of the work of art. Consignment of art, §10-1-521. Vendor. Flea market vendors’ recordkeeping, §10-1-360. Verifiable retail value.
O.C.G.A. § 10-1-441 Ineligibility of trademark or service mark for registration
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A trademark or service mark shall be entitled to registration unless it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; or (2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, b…
O.C.G.A. § 10-1-442 Application for registration of marks; filing fee
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(a) Subject to the limitations set forth in this part, any person who adopts and uses a trademark or service mark in this state may file in the office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of such trademark …
O.C.G.A. § 10-1-443 NONPROFIT CORPORATIONS
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Names. Trade name registration. Exemption, §10-1-492. 1528 INDEX NONPROFIT CORPORATIONS —Cont’d Trade name registration. Exemption, §10-1-492. NONRESIDENTS. Firearms. Purchase of rifles and shotguns in Georgia, §10-1-101. Jurisdiction. Wholesale distribution by out-of-state princi…
O.C.G.A. § 10-1-444 Certificate of registration
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Upon compliance by the applicant with the requirements of this part, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the s…
O.C.G.A. § 10-1-445 Duration of registration; renewal; fee
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(a) Registration of a trademark or service mark under this part shall be effective for a term of ten years from the date of registration; and, upon application filed within six months prior to the expiration of such term on a form to be furnished by the Secretary of State, the reg…
O.C.G.A. § 10-1-446 Renewal, §10-1-445
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Warehouses. State licensed and bonded warehouses. Uniform application, §10-4-7. Weighers. Certified public weigher’s licenses, §10-2-42. 1479 INDEX FELONIES. Cemeteries. Criminal penalties for violations, §10-14-20. Commodities and commodity contracts and options, §10-5A-31. Cotto…
O.C.G.A. § 10-1-448 Cancellation of registrations
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(a) The Secretary of State shall cancel from the register: (1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; (2) All registrations granted under this part and not …
O.C.G.A. § 10-1-449 Damages for fraud or false representation in registering mark
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Any person who shall for himself or on behalf of any person procure the filing or registration of any trademark or service mark in the office of the Secretary of State under the provisions of this part, by knowingly making any false or fraudulent representation or declaration, ver…
O.C.G.A. § 10-1-450 Civil action for infringement of registered mark
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Subject to Code Section 10-1-452, any person who shall: (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark or service mark registered under this part in connection with the sale, offering for sale, or adverti…
O.C.G.A. § 10-1-451 Record, §10-1-447
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Recordation of assignment, §10-1-446. Fees, §10-1-446. Renewal, §10-1-445. Fees, §10-1-445. Record, §10-1-447. Secretary of state. Cancellation, §10-1-448. Issuance of certificates, §10-1-444. Records, §10-1-447. Service of order of seizure of counterfeit goods, §10-1-451. Service…
O.C.G.A. § 10-1-452 Common-law rights in marks not affected
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Nothing in this part shall adversely affect the rights or the enforcement of rights in trademarks or service marks acquired in good faith at any time at common law. History. Ga. L. 1952, p. 134, § 18; Ga. L. 1963, p. 463, § 13.
O.C.G.A. § 10-1-454 Trade names
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Registration, §§10-1-490 to 10-1-493. Trade secrets. General provisions, §§10-1-760 to 10-1-767. 1583 INDEX TRAVELING SALESMEN. Door-to-door sales. Cancellation of home solicitation sales. Buyer’s right, §10-1-6. General provisions, §§10-1-20 to 10-1-27. Patent rights, copyrights…
O.C.G.A. § 10-1-470 Unauthorized use, §10-1-472
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False claim of membership, §10-1-472. HUSBAND AND WIFE.
O.C.G.A. § 10-1-471 Injunction against infringement
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Whenever there shall be an actual or threatened violation of Code Section 10-1-470, the organization entitled to the exclusive use of the name in question under the terms of said Code section shall have the right to apply to the proper court for an injunction to restrain the infr…
O.C.G.A. § 10-1-472 Trade names, §§10-1-490 to 10-1-493
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NAPHTHA. Gasoline. Defined as including, §10-1-140. NATURAL GAS. Compressed natural gas. Manner of display of measurement on dispensing devices, §10-2-19. NEGLECTED ADULTS. Financial exploitation of aged persons or disabled adults, §§10-5-100 to 10-5-108. NEGLIGENCE. Agents. Liabi…
O.C.G.A. § 10-1-490 Notice of filing statements, §10-1-490
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Statement of registration, §10-1-490. TRADE PRACTICES. Advertising. False advertising, §§10-1-420 to 10-1-427. Antifreeze sales, §§10-1-200 to 10-1-211. Art.
O.C.G.A. § 10-1-491 Effect of failing to register on contracts
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The effect of this part shall be that no contract or undertaking entered into by any person, firm, or corporation, whether heretofore or hereafter entered into, shall be invalidated or declared illegal on the ground that the same was entered into in a trade or partnership name not…
O.C.G.A. § 10-1-493 PROHIBITION
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Commodities and commodity contracts and options, §10-5A-22. PROMISSORY NOTES. Bank as issuer of letter of credit, definition, §10-3-2. Notes generally, §§10-3-1 to 10-3-6. PROMOTIONAL GIVEAWAYS OR CONTESTS. Fair business practices act of 1975. Deceptive trade practices in consumer…
O.C.G.A. § 10-1-5 CATALYTIC CONVERTERS
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Secondary metals recyclers. Contraband, §10-1-359.3. Payment by recyclers, §10-1-355. Used, detached catalytic converters. Cash payments. Prohibitions, §10-1-355. Contraband, §10-1-359.3. Purchase, possession, etc, prohibitions, §10-1-351. Separate offense for each unlawfully pos…
O.C.G.A. § 10-1-51 Weapons
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Firearms industry nondiscrimination. Prosecution of violation of provisions, §10-1-439.3. Weights and measures, §10-2-20. 1499 INDEX INSIDER TRADING. Securities. Commissioner, §10-5-70. INSPECTIONS. Antifreeze samples, §10-1-203. Right of inspections, §10-1-204. Brake fluid sample…
O.C.G.A. § 10-1-510 Limited edition art reproductions
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Disclosures in advertising and sale of multiples, §10-1-431. Business opportunity sales. Cancellation rights, §10-1-415. Disclosure statement, §10-1-411. Buying clubs or services contracts. Member’s right to cancel, §10-1-598. Campground membership or marine membership facilities…