Part I. General Administration
21VAC5-120-10. Definitions.
As used in the Virginia Trademark and Service Mark Act (1998), the following regulations and forms pertaining to trademarks and service marks, and instructions of the State Corporation Commission, the following meanings shall apply:
"Act" means the Virginia Trademark and Service Mark Act (1998) contained in Chapter 6.1 (§ 59.1-92.1 et seq.) of Title 59.1 of the Code of Virginia.
"Application" means all information required by the forms prescribed by the State Corporation Commission as well as any additional information required by the State Corporation Commission and any required fees.
"Commission" means the State Corporation Commission.
"Division" means the Securities and Retail Franchising Division of the State Corporation Commission.
"Exhibit" means an image or drawing of the mark on a separate sheet of paper without any extraneous markings.
"Mark" means any trademark or service mark entitled to registration under the Act, whether registered or not.
"Specimen" means evidence demonstrating use, as that term is defined in § 59.1-92.2 of the Act, of a mark in the ordinary course of trade in the Commonwealth of Virginia.
Statutory Authority
§§ 12.1-13 and 59.1-92.19 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 14, Issue 22, eff. July 1, 1998.
21VAC5-120-20. Authority; severability.
A. Pursuant to the authority granted by Chapter 6.1 (§ 59.1-92.1 et seq.) of Title 59.1 of the Code of Virginia, the following regulations and forms regarding the administration and implementation of the Virginia Trademark and Service Mark Act (1998) have been adopted.
The intent of these regulations and forms is to supplant written and unwritten administrative policies. The division, acting by such person or persons as the division director may designate, shall have authority to perform all acts under the Act which the State Corporation Commission itself could perform but subject to review by the State Corporation Commission under its Rules of Practice and Procedure (5VAC5-20).
B. Should any provision or application of these regulations be held invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision, and to this end the provisions or applications of these regulations and forms are declared to be severable.
Statutory Authority
§§ 12.1-13 and 59.1-92.19 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 14, Issue 22, eff. July 1, 1998.
21VAC5-120-30. Classification of regulatory standards.
Regulations are regulatory standards adopted and promulgated and shall be considered the highest level of policy applied by the State Corporation Commission.
Forms are prescribed or adopted for the purpose of implementing the Act. When so prescribed or adopted, use of the forms is mandatory.
Statements made orally or in writing by personnel of the division or other State Corporation Commission personnel in response to inquiries or otherwise and not specifically identified and promulgated as regulations shall not be considered regulatory standards of the State Corporation Commission and shall not be considered binding upon the State Corporation Commission in connection with specific decisions undertaken by the State Corporation Commission thereafter. The State Corporation Commission may refuse to answer any question based upon a hypothetical situation.
Statutory Authority
§§ 12.1-13 and 13.1-523 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 14, Issue 22, eff. July 1, 1998; amended, Virginia Register Volume 15, Issue 22, eff. July 1, 1999.
21VAC5-120-40. Application of regulations.
All regulations shall be applied collectively, to the extent relevant, in connection with specific determinations made by the division or the State Corporation Commission in the course of administering the Act. The captions of these regulations are for convenience only. Should there be a conflict between the caption and the text of a regulation, the text will control.
Because regulations and forms cannot adequately anticipate all potential application requirements, the failure to satisfy all regulatory standards of the State Corporation Commission will not necessarily foreclose the possibility of a favorable disposition of a matter pending before the State Corporation Commission, and similarly will not necessarily preclude an unfavorable disposition if the specific characteristics and circumstances so warrant.
Statutory Authority
§§ 12.1-13 and 59.1-92.19 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 14, Issue 22, eff. July 1, 1998.