                                 CODE OF VIRGINIA

FILING OF APPLICATIONS (§ 59.1-92.5)

A. Upon the filing of an application for registration and payment of the
application fee, the Commission shall cause the application to be examined for
conformity with this chapter.

B. The applicant shall provide any additional relevant information requested by
the Commission, including a description of a design mark, and may make, or
authorize the Commission to make, such amendments to the application as may be
reasonably requested by the Commission or deemed by the applicant to be
advisable to respond to any rejection or objection.

C. The Commission may require the applicant to disclaim any unregistrable
component of a mark otherwise registrable, and an applicant may voluntarily
disclaim any component of a mark sought to be registered. No disclaimer shall
prejudice or affect the applicant&#8217;s or registrant&#8217;s common law
rights then existing or thereafter arising in the disclaimed matter, or the
applicant&#8217;s or registrant&#8217;s rights of registration on another
application if the disclaimed matter is or has become distinctive of the
applicant&#8217;s or registrant&#8217;s goods or services.

D. Amendments to the application may be made by the Commission with the
applicant&#8217;s consent.

E. If the applicant is found not to be entitled to registration, the Commission
shall notify the applicant thereof in writing and of the reasons therefor. The
applicant shall have ninety days from the date of the Commission&#8217;s notice
to make a bona fide reply, or to amend the application, in which event the
application shall then be reexamined. This procedure may be repeated until (i)
the Commission finally refuses registration of the mark or (ii) the applicant
fails to reply or amend within the specified period, whereupon the request for
registration shall be deemed to have been finally refused.

HISTORY: 1998, c. 819.