Part II. Registration and Protection of Trademarks and Service Marks
21VAC5-120-50. Application for registration.
A. Application for registration of a mark shall be filed with the division on and in full compliance with forms prescribed by the State Corporation Commission and shall include all information required by such forms.
B. An application shall be deemed incomplete for purposes of applying for registration unless the following executed forms, fee and information are submitted:
1. Executed and notarized Form TM 1, Application for Registration of a Trademark or Service Mark.
2. The registration fee in the amount of $30 per classification requested. The check shall be made payable to the Treasurer of Virginia.
3. A specimen of the mark as used by the applicant as defined in § 59.1-92.2 of the Act.
4. An exhibit of the mark.
5. Classification of the mark as defined in 21VAC5-120-100.
6. Any other information the State Corporation Commission may require.
C. Pursuant to § 59.1-92.6 of the Act, the director of the division shall make all final registration decisions. Pursuant to § 59.1-92.5 E of the Act, once the staff has made its final determination to refuse to register a mark, an applicant may file a written request with the director for a review of the staff's decision. If the director determines that a registration should be refused, the application is considered finally refused pursuant to § 59.1-92.5 E of the Act. The applicant shall be notified of the basis for the final refusal. The final refusal may be reviewed in accordance with the commission's Rules of Practice and Procedure, 5VAC5-20.
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; amended, Virginia Register Volume 20, Issue 1, eff. September 2, 2003.
21VAC5-120-60. Expiration.
The registration of a mark shall be effective for a term of five years from the date of registration. The registration will expire if not renewed within six months prior to the expiration date.
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.
21VAC5-120-70. Renewals.
An application for renewal of the registration must be filed within six months prior to the expiration date of the registration. A registration may be renewed for a five-year period from the date of expiration upon receipt of a completed application on Form TM 2, Application for Renewal of Registration of a Trademark or Service Mark, a specimen of the mark as used at the time the renewal application is filed, and the $30 renewal fee per classification made payable to the Treasurer 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.
21VAC5-120-80. Assignments and name change.
A. Any mark and its registration shall be assignable with the good will of the business in which the mark is used or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignments shall be by instruments in writing duly executed and may be filed with the State Corporation Commission upon payment of a $30 fee made payable to the Treasurer of Virginia.
B. An applicant or registrant, as the case may be, effecting a change of name may file a Certificate of Name Change of an Applicant or Registrant, Form TM 3, with the State Corporation Commission upon payment of a $30 fee made payable to the Treasurer 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.
21VAC5-120-90. Cancellation procedures.
Proceedings upon petitions filed with the commission pursuant to § 59.1-92.10 A 3 of the Code of Virginia shall conform, as nearly as practicable, to the State Corporation Commission's Rules of Practice and Procedure (5VAC5-20).
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.