{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-92.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-92.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-92.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-92.2.html"}],"law_id":73469,"edition_id":1,"section_id":73469,"structure_id":14295,"section_number":"59.1-92.2","catch_line":"Definitions","history":"1998, c. 819; 2008, cc. 759, 800; 2011, c. 801.","full_text":"As used in this chapter, the following words shall have the following meanings:\n\t\t“Abandoned” means either (i) the discontinuance of use of a mark with intent not to resume such use (intent not to resume may be inferred from circumstances, i.e., nonuse for three consecutive years shall constitute prima facie evidence of abandonment) or (ii) any course of conduct of the owner, including acts of omission as well as commission, which causes the mark to lose its significance as a mark.\n\t\t“Applicant” means any person filing an application for registration of a mark under this chapter, and the legal representatives, successors, or assigns of such person.\n\t\t“Commission” means the State Corporation Commission.\n\t\t“Mark” means any trademark or service mark registered in the Commonwealth or the United States Patent and Trademark Office, or entitled to registration under this chapter, whether registered or not.\n\t\t“Registrant” means any person to whom the registration of a mark under this chapter or prior law is issued, and the legal representatives, successors, or assigns of such person.\n\t\t“Service mark” means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the services of such person from the services of others.\n\t\t“Trade name” means any name used by a person to identify a business or enterprise.\n\t\t“Trademark” means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person from those manufactured or sold by others.\n\t\t“Use” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For the purposes of this chapter, a mark shall be deemed to be in use (i) on goods when it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and the goods are possessed in the Commonwealth or sold or otherwise distributed in commerce in the Commonwealth, and (ii) in connection with services when it is used or displayed in the course of selling or providing services in the Commonwealth, or advertising descriptive of services available within the Commonwealth that is communicated within or into the Commonwealth.","order_by":null,"text":{"0":{"id":264370,"text":"As used in this chapter, the following words shall have the following meanings:\n\t\t“Abandoned” means either (i) the discontinuance of use of a mark with intent not to resume such use (intent not to resume may be inferred from circumstances, i.e., nonuse for three consecutive years shall constitute prima facie evidence of abandonment) or (ii) any course of conduct of the owner, including acts of omission as well as commission, which causes the mark to lose its significance as a mark.\n\t\t“Applicant” means any person filing an application for registration of a mark under this chapter, and the legal representatives, successors, or assigns of such person.\n\t\t“Commission” means the State Corporation Commission.\n\t\t“Mark” means any trademark or service mark registered in the Commonwealth or the United States Patent and Trademark Office, or entitled to registration under this chapter, whether registered or not.\n\t\t“Registrant” means any person to whom the registration of a mark under this chapter or prior law is issued, and the legal representatives, successors, or assigns of such person.\n\t\t“Service mark” means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the services of such person from the services of others.\n\t\t“Trade name” means any name used by a person to identify a business or enterprise.\n\t\t“Trademark” means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person from those manufactured or sold by others.\n\t\t“Use” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For the purposes of this chapter, a mark shall be deemed to be in use (i) on goods when it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and the goods are possessed in the Commonwealth or sold or otherwise distributed in commerce in the Commonwealth, and (ii) in connection with services when it is used or displayed in the course of selling or providing services in the Commonwealth, or advertising descriptive of services available within the Commonwealth that is communicated within or into the Commonwealth.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-92.2\/","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":false,"refers_to":false,"permalink":{"id":262969,"object_type":"law","relational_id":73469,"identifier":"59.1-92.2","token":"59.1\/6.1\/59.1-92.2","url":"\/59.1-92.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-92.2\/","token":"59.1\/6.1\/59.1-92.2","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-92.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, the following words shall have the following meanings:\n\t\t“Abandoned<\/span>” means either (i) the discontinuance of use<\/span> of a mark with intent<\/span> not to resume such use<\/span> (intent<\/span> not to resume may be inferred from circumstances, i.e., nonuse for three consecutive years shall constitute prima facie evidence<\/span> of abandonment) or (ii) any course of conduct of the owner, including acts of omission as well as commission<\/span>, which causes the mark to lose its significance as a mark.\n\t\t“Applicant<\/span>” means any person filing an application for registration of a mark under this chapter, and the legal representatives, successors, or assigns of such person.\n\t\t“Commission<\/span>” means the State Corporation Commission<\/span>.\n\t\t“Mark” means any trademark<\/span> or service mark<\/span> registered in the Commonwealth or the United States Patent and Trademark<\/span> Office, or entitled to registration under this chapter, whether registered or not.\n\t\t“Registrant<\/span>” means any person to whom the registration of a mark under this chapter or prior law<\/span> is issued, and the legal representatives, successors, or assigns of such person.\n\t\t“Service mark<\/span>” means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the services of such person from the services of others.\n\t\t“Trade name<\/span>” means any name used by a person to identify a business or enterprise.\n\t\t“Trademark<\/span>” means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person from those manufactured or sold by others.\n\t\t“Use<\/span>” means the bona fide use<\/span> of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For the purposes of this chapter, a mark shall be deemed to be in use<\/span> (i) on goods when it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and the goods are possessed in the Commonwealth or sold or otherwise distributed in commerce in the Commonwealth, and (ii) in connection with services when it is used or displayed in the course of selling or providing services in the Commonwealth, or advertising descriptive of services available within the Commonwealth that is communicated within or into the Commonwealth.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 59.1-92.2)\n\nAs used in this chapter, the following words shall have the following meanings:\n\t\t“Abandoned” means either (i) the discontinuance of use of a mark\nwith intent not to resume such use (intent not to resume may be inferred from\ncircumstances, i.e., nonuse for three consecutive years shall constitute prima\nfacie evidence of abandonment) or (ii) any course of conduct of the owner,\nincluding acts of omission as well as commission, which causes the mark to lose\nits significance as a mark.\n\t\t“Applicant” means any person filing an application for\nregistration of a mark under this chapter, and the legal representatives,\nsuccessors, or assigns of such person.\n\t\t“Commission” means the State Corporation Commission.\n\t\t“Mark” means any trademark or service mark registered in the\nCommonwealth or the United States Patent and Trademark Office, or entitled to\nregistration under this chapter, whether registered or not.\n\t\t“Registrant” means any person to whom the registration of a mark\nunder this chapter or prior law is issued, and the legal representatives,\nsuccessors, or assigns of such person.\n\t\t“Service mark” means any word, name, symbol, or device or any\ncombination thereof used by a person to identify and distinguish the services of\nsuch person from the services of others.\n\t\t“Trade name” means any name used by a person to identify a\nbusiness or enterprise.\n\t\t“Trademark” means any word, name, symbol, or device or any\ncombination thereof used by a person to identify and distinguish the goods of\nsuch person from those manufactured or sold by others.\n\t\t“Use” means the bona fide use of a mark in the ordinary course of\ntrade, and not made merely to reserve a right in a mark. For the purposes of\nthis chapter, a mark shall be deemed to be in use (i) on goods when it is placed\nin any manner on the goods or their containers or the displays associated\ntherewith or on the tags or labels affixed thereto, or if the nature of the\ngoods makes such placement impracticable, then on documents associated with the\ngoods or their sale, and the goods are possessed in the Commonwealth or sold or\notherwise distributed in commerce in the Commonwealth, and (ii) in connection\nwith services when it is used or displayed in the course of selling or providing\nservices in the Commonwealth, or advertising descriptive of services available\nwithin the Commonwealth that is communicated within or into the Commonwealth.\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}}