{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-92.13.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-92.13.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-92.13.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-92.13.html"}],"law_id":69571,"edition_id":1,"section_id":69571,"structure_id":14295,"section_number":"59.1-92.13","catch_line":"Remedies and penalties","history":"1998, c. 819; 2008, cc. 759, 800; 2011, c. 801.","full_text":"A\n\nAny owner of a registered mark in force and effect may proceed by suit in a court of competent jurisdiction to enjoin violations of § 59.1-92.12, seek such other remedies as are set forth herein, or both. Any court of competent jurisdiction may grant such injunctions as may by the court be deemed just and reasonable to restrain such violations, and may require any defendant to pay to such owner all profits derived from and\/or all damages suffered by reason of such violations. The court shall also order that any material that violates § 59.1-92.12 that is in the possession or under the control of any defendant in such case be destroyed or delivered to an officer of the court or to the owner for destruction, or alternatively disposed of in another manner with the written consent of the owner of the registered mark. The court, in its discretion upon consideration of the circumstances of the case, may award reasonable attorney fees to the prevailing party.B\n\nAny person who:1\n\nKnowingly and intentionally violates the provisions of § 59.1-92.12 is guilty of a Class 1 misdemeanor and, upon a second or subsequent conviction, is guilty of a Class 6 felony.2\n\nKnowingly and intentionally violates the provisions of § 59.1-92.12 and possesses 100 or more identical counterfeit registered marks or possesses counterfeit items valued at $200 or more, is guilty of a Class 6 felony.C\n\nProperty subject to lawful seizure by any officer charged with enforcing this chapter shall include any article bearing or consisting of a counterfeit mark used in violation of this chapter, any property used in the substantial connection with or intended for use in the course of a violation of this chapter, or any interest or profits substantially connected to a violation of this chapter. Forfeiture, seizure, and disposition of such property shall be in accordance with Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2.D\n\nIn any proceeding under this chapter, any certificate of registration issued by the Commonwealth or the United States Patent and Trademark Office shall be prima facie evidence of the facts stated therein.E\n\nIn any criminal proceeding under subsection B, upon motion of the Commonwealth the court shall order any material that violates § 59.1-92.12 that is in the possession or under the control of any defendant or law-enforcement officer be destroyed or delivered to an officer of the court or to the owner of the registered mark for destruction, or alternatively disposed of in another manner with the written consent of the owner of the registered mark.","order_by":null,"text":{"0":{"id":251535,"text":"Any owner of a registered mark in force and effect may proceed by suit in a court of competent jurisdiction to enjoin violations of § 59.1-92.12, seek such other remedies as are set forth herein, or both. Any court of competent jurisdiction may grant such injunctions as may by the court be deemed just and reasonable to restrain such violations, and may require any defendant to pay to such owner all profits derived from and\/or all damages suffered by reason of such violations. The court shall also order that any material that violates § 59.1-92.12 that is in the possession or under the control of any defendant in such case be destroyed or delivered to an officer of the court or to the owner for destruction, or alternatively disposed of in another manner with the written consent of the owner of the registered mark. The court, in its discretion upon consideration of the circumstances of the case, may award reasonable attorney fees to the prevailing party.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":251536,"text":"Any person who:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":251537,"text":"Knowingly and intentionally violates the provisions of § 59.1-92.12 is guilty of a Class 1 misdemeanor and, upon a second or subsequent conviction, is guilty of a Class 6 felony.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":251538,"text":"Knowingly and intentionally violates the provisions of § 59.1-92.12 and possesses 100 or more identical counterfeit registered marks or possesses counterfeit items valued at $200 or more, is guilty of a Class 6 felony.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":251539,"text":"Property subject to lawful seizure by any officer charged with enforcing this chapter shall include any article bearing or consisting of a counterfeit mark used in violation of this chapter, any property used in the substantial connection with or intended for use in the course of a violation of this chapter, or any interest or profits substantially connected to a violation of this chapter. Forfeiture, seizure, and disposition of such property shall be in accordance with Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":251540,"text":"In any proceeding under this chapter, any certificate of registration issued by the Commonwealth or the United States Patent and Trademark Office shall be prima facie evidence of the facts stated therein.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":251541,"text":"In any criminal proceeding under subsection B, upon motion of the Commonwealth the court shall order any material that violates § 59.1-92.12 that is in the possession or under the control of any defendant or law-enforcement officer be destroyed or delivered to an officer of the court or to the owner of the registered mark for destruction, or alternatively disposed of in another manner with the written consent of the owner of the registered mark.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-92.13\/","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. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2008, chapters 759<\/a> and 800<\/a>; in 2011, chapter 801<\/a>.<\/p>","references":[{"id":81610,"section_number":"59.1-92.12","catch_line":"Infringement","order_by":null,"url":"\/59.1-92.12\/"},{"id":60768,"section_number":"59.1-92.22","catch_line":"Use of name, logo, or symbol of a bank, trust company, savings institution, or credit union","order_by":null,"url":"\/59.1-92.22\/"}],"refers_to":[{"id":68052,"section_number":"19.2-386.1","catch_line":"Commencing an action of forfeiture","order_by":null,"url":"\/19.2-386.1\/"},{"id":81610,"section_number":"59.1-92.12","catch_line":"Infringement","order_by":null,"url":"\/59.1-92.12\/"}],"permalink":{"id":262941,"object_type":"law","relational_id":69571,"identifier":"59.1-92.13","token":"59.1\/6.1\/59.1-92.13","url":"\/59.1-92.13\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-92.13\/","token":"59.1\/6.1\/59.1-92.13","dublin_core":{"Title":"Remedies and penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-92.13","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any owner of a registered mark<\/span> in force and effect may proceed by suit in a court<\/span> of competent jurisdiction<\/span> to enjoin violations of § 59.1-92.12<\/a>, seek such other remedies as are set forth herein, or both. Any court<\/span> of competent jurisdiction<\/span> may grant such injunctions<\/span> as may by the court<\/span> be deemed just and reasonable to restrain such violations, and may require any defendant<\/span> to pay to such owner all profits derived from and\/or all damages<\/span> suffered by reason of such violations. The court<\/span> shall also order<\/span> that any material<\/span> that violates § 59.1-92.12<\/a> that is in the possession<\/span> or under the control of any defendant<\/span> in such case be destroyed or delivered to an officer of the court<\/span> or to the owner for destruction, or alternatively disposed of in another manner with the written consent of the owner of the registered mark<\/span>. The court<\/span>, in its discretion upon consideration of the circumstances of the case, may award reasonable attorney fees to the prevailing party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person who: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Knowingly and intentionally violates the provisions of § 59.1-92.12<\/a> is guilty of a Class 1 misdemeanor<\/span> and, upon a second or subsequent conviction<\/span>, is guilty of a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Knowingly and intentionally violates the provisions of § 59.1-92.12<\/a> and possesses 100 or more identical counterfeit registered marks<\/span> or possesses counterfeit items valued at $200 or more, is guilty of a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Property subject to lawful seizure by any officer charged with enforcing this chapter shall include any article bearing or consisting of a counterfeit mark<\/span> used in violation of this chapter, any property used in the substantial connection with or intended for use<\/span> in the course of a violation of this chapter, or any interest or profits substantially connected to a violation of this chapter. Forfeiture, seizure, and disposition<\/span> of such property shall be in accordance with Chapter 22.1 (§ 19.2-386.1<\/a> et seq.) of Title 19.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any proceeding under this chapter, any certificate of registration issued by the Commonwealth or the United States Patent and Trademark<\/span> Office shall be prima facie evidence<\/span> of the facts<\/span> stated therein. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In any criminal proceeding under subsection B, upon motion<\/span> of the Commonwealth the court<\/span> shall order<\/span> any material<\/span> that violates § 59.1-92.12<\/a> that is in the possession<\/span> or under the control of any defendant<\/span> or law<\/span>-enforcement officer be destroyed or delivered to an officer of the court<\/span> or to the owner of the registered mark<\/span> for destruction, or alternatively disposed of in another manner with the written consent of the owner of the registered mark<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREMEDIES AND PENALTIES (\u00a7 59.1-92.13)\n\nA. Any owner of a registered mark in force and effect may proceed by suit in a\ncourt of competent jurisdiction to enjoin violations of § 59.1-92.12, seek\nsuch other remedies as are set forth herein, or both. Any court of competent\njurisdiction may grant such injunctions as may by the court be deemed just and\nreasonable to restrain such violations, and may require any defendant to pay to\nsuch owner all profits derived from and\/or all damages suffered by reason of\nsuch violations. The court shall also order that any material that violates\n§ 59.1-92.12 that is in the possession or under the control of any\ndefendant in such case be destroyed or delivered to an officer of the court or\nto the owner for destruction, or alternatively disposed of in another manner\nwith the written consent of the owner of the registered mark. The court, in its\ndiscretion upon consideration of the circumstances of the case, may award\nreasonable attorney fees to the prevailing party.\n\nB. Any person who:\n\n 1. Knowingly and intentionally violates the provisions of § 59.1-92.12 is\n guilty of a Class 1 misdemeanor and, upon a second or subsequent conviction,\n is guilty of a Class 6 felony.\n\n 2. Knowingly and intentionally violates the provisions of § 59.1-92.12\n and possesses 100 or more identical counterfeit registered marks or possesses\n counterfeit items valued at $200 or more, is guilty of a Class 6 felony.\n\nC. Property subject to lawful seizure by any officer charged with enforcing this\nchapter shall include any article bearing or consisting of a counterfeit mark\nused in violation of this chapter, any property used in the substantial\nconnection with or intended for use in the course of a violation of this\nchapter, or any interest or profits substantially connected to a violation of\nthis chapter. Forfeiture, seizure, and disposition of such property shall be in\naccordance with Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2.\n\nD. In any proceeding under this chapter, any certificate of registration issued\nby the Commonwealth or the United States Patent and Trademark Office shall be\nprima facie evidence of the facts stated therein.\n\nE. In any criminal proceeding under subsection B, upon motion of the\nCommonwealth the court shall order any material that violates § 59.1-92.12\nthat is in the possession or under the control of any defendant or\nlaw-enforcement officer be destroyed or delivered to an officer of the court or\nto the owner of the registered mark for destruction, or alternatively disposed\nof in another manner with the written consent of the owner of the registered\nmark.\n\nHISTORY: 1998, c. 819; 2008, cc. 759, 800; 2011, c. 801.","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}}