Code of Virginia - Title 59.1 Trade And Commerce - Chapter 6.1 Registration And Protection Of Trademarks And Service Marks

59.1-92.1 Short title
This chapter shall be known as the "Virginia Trademark and Service Mark Act (1998)." (1998, c. 819.) ...
59.1-92.2 Definitions
As used in this chapter, the following words shall have the following meanings: "Abandoned" means either (i) the discontinuance of use of a mark with ...
59.1-92.3 Registrability
A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not ...
59.1-92.4 Application for registration
Subject to the limitations set forth in this chapter, any person who uses a mark may file with the Commission, in a manner complying with ...
59.1-92.5 Filing of applications
A. Upon the filing of an application for registration and payment of the application fee, the Commission shall cause the application to be examined for ...
59.1-92.6 Certificate of registration
Upon compliance by the applicant with the requirements of this chapter, the Commission shall cause a certificate of registration to be issued and delivered to ...
59.1-92.7 Duration and renewal
A registration of a mark hereunder shall be effective for a term of five years from the date of registration and, upon application filed within ...
59.1-92.8 Assignments and changes of name
A. Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with ...
59.1-92.9 Records
The Commission shall keep for public examination a record of all marks registered or renewed under this chapter, as well as a record of all ...
59.1-92.10 Cancellation
A. The Commission shall cancel, in whole or in part: 1. Any registration concerning which the Commission receives a voluntary request for cancellation thereof from ...
59.1-92.11 Classification
The Commission shall by regulation establish a classification of goods and services for convenience of the administration of this chapter, but not to limit or ...
59.1-92.12 Infringement
Subject to the provisions of § 59.1-92.15, any person who: 1. Uses in a manner likely to cause a consumer confusion, mistake, or deception as ...
59.1-92.13 Remedies and penalties
A. Any registrant of a mark in force and effect may proceed by suit in a court of competent jurisdiction to enjoin violations of § ...
59.1-92.14 Service on out-of-state registrants
In any action brought against a nonresident registrant, service may be effected upon the clerk of the Commission as agent for service of the registrant ...
59.1-92.15 Common law rights
Nothing herein shall adversely affect the rights or the enforcement of common-law rights in marks. (1998, c. 819.) ...
59.1-92.16 Fees
The Commission shall by regulation prescribe the fees payable for the various application and filing fees and for related services. Unless specified by the Commission, ...
59.1-92.17 Commission may consider final judgments
In any proceeding before the Commission involving the right to registration, or the cancellation of registration, in whole or in part, the final judgment of ...
59.1-92.18 Appeals from final action of Commission
From any final action of the Commission under the provisions of this chapter an appeal shall lie of right to the Supreme Court in accordance ...
59.1-92.19 Regulations and forms
A. The Commission shall have authority from time to time to make, amend, and rescind such regulations as may be necessary to carry out the ...
59.1-92.20 Fees to cover expense of regulation
The fees paid into the state treasury under this chapter, except for fees and funds collected for the Literary Fund, shall be deposited into a ...
59.1-92.21 Olympic symbols
A. Without the permission of the United States Olympic Committee, a person shall not, for the purpose of trade, to induce the sale of goods ...
59.1-92.22 Use of name, logo, or symbol of a bank, trust company, savings institution, or credit unio...
Any bank, trust company, savings institution, or credit union whose name, logo, or symbol, or any combination thereof, or any name, logo, or symbol, or ...

Last modified: April 3, 2009