Section 50. Application for registration

Part II. Registration and Protection of Trademarks and Service Marks

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.

Historical Notes

Derived from Volume 14, Issue 22, eff. July 1, 1998; amended, Virginia Register Volume 20, Issue 01, eff. September 2, 2003.

Statutory Authority

§§ 12.1-13 and 59.1-92.19 of the Code of Virginia.