{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-92.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-92.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-92.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-92.10.html"}],"law_id":71217,"edition_id":1,"section_id":71217,"structure_id":14295,"section_number":"59.1-92.10","catch_line":"Cancellation","history":"1998, c. 819.","full_text":"A\n\nThe Commission shall cancel, in whole or in part:1\n\nAny registration concerning which the Commission receives a voluntary request for cancellation thereof from the registrant or the assignee of record;2\n\nAny registration granted under this chapter or prior law and not renewed in accordance with the provisions hereof; or3\n\nAny registration concerning which the Commission finds on its own motion, or on petition of any person who alleges that he is or will be damaged by such registration, that:\n\t\t\t\ta. The registered mark has been abandoned;\n\t\t\t\tb. The registrant is not the owner of the mark;\n\t\t\t\tc. The registration was granted as a result of a clerical error;\n\t\t\t\td. The registration was obtained fraudulently;\n\t\t\t\te. The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or\n\t\t\t\tf. There is a substantial likelihood of confusion with a mark or trade name previously used in this Commonwealth by another and not abandoned.B\n\nThe Commission may also cause a partial cancellation of a registration by requiring the registrant to amend the registration to adopt a narrower identification of goods or services than is identified in the original certificate.C\n\nBefore the Commission cancels or partially cancels any registration under subdivision A 3, the Commission shall give reasonable notice and an opportunity to be heard to the registrant and to other persons known to have or claim an interest in the mark.","order_by":null,"text":{"0":{"id":256702,"text":"The Commission shall cancel, in whole or in part:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":256703,"text":"Any registration concerning which the Commission receives a voluntary request for cancellation thereof from the registrant or the assignee of record;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":256704,"text":"Any registration granted under this chapter or prior law and not renewed in accordance with the provisions hereof; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":256705,"text":"Any registration concerning which the Commission finds on its own motion, or on petition of any person who alleges that he is or will be damaged by such registration, that:\n\t\t\t\ta. The registered mark has been abandoned;\n\t\t\t\tb. The registrant is not the owner of the mark;\n\t\t\t\tc. The registration was granted as a result of a clerical error;\n\t\t\t\td. The registration was obtained fraudulently;\n\t\t\t\te. The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or\n\t\t\t\tf. There is a substantial likelihood of confusion with a mark or trade name previously used in this Commonwealth by another and not abandoned.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":256706,"text":"The Commission may also cause a partial cancellation of a registration by requiring the registrant to amend the registration to adopt a narrower identification of goods or services than is identified in the original certificate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":256707,"text":"Before the Commission cancels or partially cancels any registration under subdivision A 3, the Commission shall give reasonable notice and an opportunity to be heard to the registrant and to other persons known to have or claim an interest in the mark.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14295,"edition_id":1,"name":"Registration and Protection of Trademarks and Service Marks","identifier":"6.1","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:47:38","date_modified":"2026-06-26 03:47:38","permalink":{"id":262923,"object_type":"structure","relational_id":14295,"identifier":"6.1","token":"59.1\/6.1","url":"\/59.1\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82625,"structure_id":14295,"section_number":"59.1-92.1","catch_line":"Short title","url":"\/59.1-92.1\/","token":"59.1\/6.1\/59.1-92.1","metadata":false},{"id":71217,"structure_id":14295,"section_number":"59.1-92.10","catch_line":"Cancellation","url":"\/59.1-92.10\/","token":"59.1\/6.1\/59.1-92.10","metadata":false},{"id":78998,"structure_id":14295,"section_number":"59.1-92.11","catch_line":"Classification","url":"\/59.1-92.11\/","token":"59.1\/6.1\/59.1-92.11","metadata":false},{"id":81610,"structure_id":14295,"section_number":"59.1-92.12","catch_line":"Infringement","url":"\/59.1-92.12\/","token":"59.1\/6.1\/59.1-92.12","metadata":false},{"id":69571,"structure_id":14295,"section_number":"59.1-92.13","catch_line":"Remedies and penalties","url":"\/59.1-92.13\/","token":"59.1\/6.1\/59.1-92.13","metadata":false},{"id":60471,"structure_id":14295,"section_number":"59.1-92.14","catch_line":"Service on out-of-state registrants","url":"\/59.1-92.14\/","token":"59.1\/6.1\/59.1-92.14","metadata":false},{"id":86777,"structure_id":14295,"section_number":"59.1-92.15","catch_line":"Common law rights","url":"\/59.1-92.15\/","token":"59.1\/6.1\/59.1-92.15","metadata":false},{"id":63214,"structure_id":14295,"section_number":"59.1-92.16","catch_line":"Fees","url":"\/59.1-92.16\/","token":"59.1\/6.1\/59.1-92.16","metadata":false},{"id":68575,"structure_id":14295,"section_number":"59.1-92.17","catch_line":"Commission may consider final judgments","url":"\/59.1-92.17\/","token":"59.1\/6.1\/59.1-92.17","metadata":false},{"id":80047,"structure_id":14295,"section_number":"59.1-92.18","catch_line":"Appeals from final action of Commission","url":"\/59.1-92.18\/","token":"59.1\/6.1\/59.1-92.18","metadata":false},{"id":55566,"structure_id":14295,"section_number":"59.1-92.19","catch_line":"Regulations and forms","url":"\/59.1-92.19\/","token":"59.1\/6.1\/59.1-92.19","metadata":false},{"id":73469,"structure_id":14295,"section_number":"59.1-92.2","catch_line":"Definitions","url":"\/59.1-92.2\/","token":"59.1\/6.1\/59.1-92.2","metadata":false},{"id":84331,"structure_id":14295,"section_number":"59.1-92.20","catch_line":"Fees to cover expense of regulation","url":"\/59.1-92.20\/","token":"59.1\/6.1\/59.1-92.20","metadata":false},{"id":80822,"structure_id":14295,"section_number":"59.1-92.21","catch_line":"Olympic symbols","url":"\/59.1-92.21\/","token":"59.1\/6.1\/59.1-92.21","metadata":false},{"id":60768,"structure_id":14295,"section_number":"59.1-92.22","catch_line":"Use of name, logo, or symbol of a bank, trust company, savings institution, or credit union","url":"\/59.1-92.22\/","token":"59.1\/6.1\/59.1-92.22","metadata":false},{"id":75519,"structure_id":14295,"section_number":"59.1-92.3","catch_line":"Registrability","url":"\/59.1-92.3\/","token":"59.1\/6.1\/59.1-92.3","metadata":false},{"id":86188,"structure_id":14295,"section_number":"59.1-92.4","catch_line":"Application for registration","url":"\/59.1-92.4\/","token":"59.1\/6.1\/59.1-92.4","metadata":false},{"id":62846,"structure_id":14295,"section_number":"59.1-92.5","catch_line":"Filing of applications","url":"\/59.1-92.5\/","token":"59.1\/6.1\/59.1-92.5","metadata":false},{"id":78501,"structure_id":14295,"section_number":"59.1-92.6","catch_line":"Certificate of registration","url":"\/59.1-92.6\/","token":"59.1\/6.1\/59.1-92.6","metadata":false},{"id":60537,"structure_id":14295,"section_number":"59.1-92.7","catch_line":"Duration and renewal","url":"\/59.1-92.7\/","token":"59.1\/6.1\/59.1-92.7","metadata":false},{"id":71606,"structure_id":14295,"section_number":"59.1-92.8","catch_line":"Assignments and changes of name","url":"\/59.1-92.8\/","token":"59.1\/6.1\/59.1-92.8","metadata":false},{"id":78111,"structure_id":14295,"section_number":"59.1-92.9","catch_line":"Records","url":"\/59.1-92.9\/","token":"59.1\/6.1\/59.1-92.9","metadata":false}],"previous_section":{"id":82625,"structure_id":14295,"section_number":"59.1-92.1","catch_line":"Short title","url":"\/59.1-92.1\/","token":"59.1\/6.1\/59.1-92.1","metadata":false},"next_section":{"id":78998,"structure_id":14295,"section_number":"59.1-92.11","catch_line":"Classification","url":"\/59.1-92.11\/","token":"59.1\/6.1\/59.1-92.11","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-92.10\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapter 819<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":262929,"object_type":"law","relational_id":71217,"identifier":"59.1-92.10","token":"59.1\/6.1\/59.1-92.10","url":"\/59.1-92.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-92.10\/","token":"59.1\/6.1\/59.1-92.10","dublin_core":{"Title":"Cancellation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-92.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> shall cancel, in whole or in part: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any registration concerning which the Commission<\/span> receives a voluntary request for cancellation thereof from the registrant<\/span> or the assignee of record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any registration granted under this chapter or prior law<\/span> and not renewed in accordance with the provisions hereof; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any registration concerning which the Commission<\/span> finds on its own motion<\/span>, or on petition<\/span> of any person who alleges that he is or will be damaged by such registration, that:\n\t\t\t\ta. The registered mark<\/span> has been abandoned<\/span>;\n\t\t\t\tb. The registrant<\/span> is not the owner of the mark<\/span>;\n\t\t\t\tc. The registration was granted as a result of a clerical error;\n\t\t\t\td. The registration was obtained fraudulently;\n\t\t\t\te. The mark<\/span> is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or\n\t\t\t\tf. There is a substantial likelihood of confusion with a mark<\/span> or trade name<\/span> previously used in this Commonwealth by another and not abandoned<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> may also cause a partial cancellation of a registration by requiring the registrant<\/span> to amend<\/span> the registration to adopt a narrower identification of goods or services than is identified in the original certificate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Before the Commission<\/span> cancels or partially cancels any registration under subdivision A 3, the Commission<\/span> shall give reasonable notice and an opportunity to be heard to the registrant<\/span> and to other persons known to have or claim an interest in the mark<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCANCELLATION (\u00a7 59.1-92.10)\n\nA. The Commission shall cancel, in whole or in part:\n\n 1. Any registration concerning which the Commission receives a voluntary\n request for cancellation thereof from the registrant or the assignee of\n record;\n\n 2. Any registration granted under this chapter or prior law and not renewed in\n accordance with the provisions hereof; or\n\n 3. Any registration concerning which the Commission finds on its own motion,\n or on petition of any person who alleges that he is or will be damaged by such\n registration, that:\n \t\t\t\ta. The registered mark has been abandoned;\n \t\t\t\tb. The registrant is not the owner of the mark;\n \t\t\t\tc. The registration was granted as a result of a clerical error;\n \t\t\t\td. The registration was obtained fraudulently;\n \t\t\t\te. The mark is or has become the generic name for the goods or services,\n or a portion thereof, for which it has been registered; or\n \t\t\t\tf. There is a substantial likelihood of confusion with a mark or trade\n name previously used in this Commonwealth by another and not abandoned.\n\nB. The Commission may also cause a partial cancellation of a registration by\nrequiring the registrant to amend the registration to adopt a narrower\nidentification of goods or services than is identified in the original\ncertificate.\n\nC. Before the Commission cancels or partially cancels any registration under\nsubdivision A 3, the Commission shall give reasonable notice and an opportunity\nto be heard to the registrant and to other persons known to have or claim an\ninterest in the mark.\n\nHISTORY: 1998, c. 819.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}