dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 53 (Consumer Data Protection Act)
§ 59.1-583. Investigative authority.
Whenever the Attorney General has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any violation of this chapter, the Attorney General is empowered to issue a civil investigative demand. The provisions of § 59.1-9.10 shall apply mutatis mutandis to civil investigative demands issued under this section.

2021, Sp. Sess. I, cc. 35, 36.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 53 (Consumer Data Protection Act)
§ 59.1-584. Enforcement; civil penalty; expenses.
A. The Attorney General shall have exclusive authority to enforce the provisions of this chapter.

B. Prior to initiating any action under this chapter, the Attorney General shall provide a controller or processor 30 days' written notice identifying the specific provisions of this chapter the Attorney General alleges have been or are being violated. If within the 30-day period the controller or processor cures the noticed violation and provides the Attorney General an express written statement that the alleged violations have been cured and that no further violations shall occur, no action shall be initiated against the controller or processor.

C. If a controller or processor continues to violate this chapter following the cure period in subsection B or breaches an express written statement provided to the Attorney General under that subsection, the Attorney General may initiate an action in the name of the Commonwealth and may seek an injunction to restrain any violations of this chapter and civil penalties of up to $7,500 for each violation under this chapter. All civil penalties, expenses, and attorney fees collected pursuant to this chapter shall be paid into the state treasury and credited to the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund.

D. The Attorney General may recover reasonable expenses incurred in investigating and preparing the case, including attorney fees, in any action initiated under this chapter.

E. Nothing in this chapter shall be construed as providing the basis for, or be subject to, a private right of action for violations of this chapter or under any other law.

2021, Sp. Sess. I, cc. 35, 36; 2022, cc. 451, 452.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 53 (Consumer Data Protection Act)
§ 59.1-585. Repealed.
Repealed by Acts 2022, cc. 451 and 452, cl. 2.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 54 (Fair Food Delivery Act)
§ 59.1-586. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Additional fee or percentage" has the same meaning as "mandatory fees or surcharges" in § 59.1-607.

"Clear and conspicuous" has the same meaning as provided in § 59.1-607.

"Food delivery platform" means a person that operates a mobile application or other online service to act as an intermediary between consumers and multiple restaurants to submit food orders on behalf of a consumer to a participating restaurant and to arrange for the delivery of the order from the restaurant to the consumer.

"Restaurant" has the same meaning as provided in § 35.1-1 and excludes establishments listed in § 35.1-25.

2021, Sp. Sess. I, c. 485; 2025, cc. 685, 686.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 54 (Fair Food Delivery Act)
§ 59.1-587. Food delivery platform; agreements required; disclosure of price and fees.
A. No food delivery platform shall submit an order on behalf of a consumer to a restaurant or arrange for the delivery of an order from a restaurant without first obtaining an agreement with the restaurant expressly authorizing the food delivery platform to submit orders to and deliver food prepared by the restaurant.

B. A food delivery platform shall:

1. At the point when a consumer views and selects a vendor or items for purchase, include a clear and conspicuous disclosure of any additional fee or percentage charged; and

2. Prior to checkout, display a subtotal page that itemizes the price of the selected items for purchase and any additional fee or percentage included in the total cost.

C. It shall not be a violation of this chapter for a food delivery platform to (i) reduce the total cost that was previously advertised or displayed, (ii) display a promotion or discount, including an offer to waive one or more mandatory fees, or (iii) advertise or display a price for goods and services in compliance with specific state or federal laws applicable to food delivery platforms.

D. A food delivery platform that is a price-variable supplier, as defined in § 59.1-607, is compliant with subdivision B 1 if such supplier includes a disclosure at the point when a consumer selects items for purchase (i) of the factors determining the final price; (ii) of any mandatory fees or surcharges, as defined in § 59.1-607, associated with the transaction; and (iii) that the total cost of services may vary.

2021, Sp. Sess. I, c. 485; 2025, cc. 685, 686.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 54 (Fair Food Delivery Act)
§ 59.1-588. Enforcement; penalties.
Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of Chapter 17 (§ 59.1-196 et seq.).

2021, Sp. Sess. I, c. 485.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 55 (Benefits Consortium)
§ 59.1-589. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Benefits consortium" means a trust that is a self-funded MEWA, as defined in § 38.2-3420, and that complies with the conditions set forth in § 59.1-590.

"ERISA" means the federal Employee Retirement Income Security Act of 1974, P.L. 93-406, 88 Stat. 829, as amended.

"Health benefit plan" has the same meaning as in § 38.2-3431.

"Member" means a person that is part of a sponsoring association, that conducts business operations within the Commonwealth, and that employs individuals who reside in the Commonwealth.

"Sponsoring association" has the same meaning as in § 38.2-3431 and includes any wholly owned subsidiary of a sponsoring association.

"Trust" means a trust that (i) is established to accept and hold assets of a health benefit plan in trust in accordance with the terms of the written trust document for the sole purposes of providing medical, prescription drug, dental, and vision benefits and defraying reasonable administrative costs of providing health benefits under a health benefit plan and (ii) complies with the conditions set forth in § 59.1-590.

2022, cc. 404, 405.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 55 (Benefits Consortium)
§ 59.1-591. Additional requirements.
A. The board of trustees established pursuant to subsection B of § 59.1-590 shall (i) operate any health benefit plans in accordance with the fiduciary duties defined in ERISA and (ii) have the power to make and collect special assessments against members and, if any assessment is not timely paid, to enforce collection of such assessment.

B. Each member shall be liable for his allocated share of the liabilities of the sponsoring association under a health benefit plan as determined by the board of trustees.

C. Health benefit plan documents shall have the following statement printed on the first page in size 14-point boldface type:

"This coverage is not insurance and is not offered through an insurance company. This coverage is not required to comply with certain federal market requirements for health insurance, nor is it required to comply with certain state laws for health insurance. Each member shall be liable for his allocated share of the liabilities of the sponsoring association under the health benefit plan as determined by the board of trustees. This means that each member may be responsible for paying an additional sum if the annual premiums present a deficit of funds for the trust. The trust's financial documents shall be available for public inspection at (insert website of where sponsoring association trust documents are posted)."

2022, cc. 404, 405.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 55 (Benefits Consortium)
§ 59.1-592. Exemptions; license tax.
Notwithstanding any other provision of law, a benefits consortium or sponsoring association, by virtue of its sponsorship of a benefits consortium or any health benefit plan, shall not be subject to the following: (i) the provisions of Chapter 17 (§ 38.2-1700 et seq.) of Title 38.2 or any regulations adopted thereunder or (ii) any annual license tax levied pursuant to § 58.1-2501.

2022, cc. 404, 405.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 56 (Genetic Data Privacy)
§ 59.1-595. Information to be made available to consumers.
A. Every direct-to-consumer genetic testing company shall provide to consumers:

1. A summary of the company's (i) policies and procedures related to the collection, use, maintenance, retention, disclosure, transfer, deletion, and security of and access to genetic data and (ii) privacy practices;

2. Information regarding the requirement for express consent for the collection, use, and disclosure of genetic data and the process for revoking express consent pursuant to § 59.1-596;

3. Notice that a consumer's deidentified genetic or phenotypic data may be shared with or disclosed to third parties for research purposes in accordance with 45 C.F.R. Part 46; and

4. Information about the process by which a consumer may file a complaint alleging a violation of this chapter.

B. Information required to be made available pursuant to subsection A shall be written in plain language and shall be provided to consumers together with any genetic testing product provided to consumers. Such information shall also be included on any website maintained by the direct-to-consumer genetic testing company in a manner that is easily accessible by the public.

2023, c. 526.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 56 (Genetic Data Privacy)
§ 59.1-597. Other requirements applicable to direct-to-consumer genetic testing companies.
Every direct-to-consumer genetic testing company shall:

1. Implement and maintain reasonable security procedures and practices to protect a consumer's genetic data against unauthorized access, destruction, use, modification, or disclosure; and

2. Develop procedures and practices to allow a consumer to easily (i) access the consumer's genetic data; (ii) delete the consumer's genetic data, except any data required by state or federal law to be retained by the direct-to-consumer genetic testing company and any account the consumer may have created with the direct-to-consumer genetic testing company; and (iii) revoke express consent to storage of the consumer's biological sample and request destruction of such biological sample.

2023, c. 526.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 56 (Genetic Data Privacy)
§ 59.1-598. Contracts with service providers.
A. Every direct-to-consumer genetic testing company that enters into a contract with a service provider shall prohibit the service provider from retaining, using, or disclosing the biological sample, extracted genetic material, genetic data, or any information regarding the identity of the consumer, including whether the consumer has solicited or received genetic testing, as applicable, for any purpose other than for the specific purpose of performing the services specified in the contract with the service provider for the business.

B. Every contract between a direct-to-consumer genetic testing company and a service provider shall include:

1. A provision prohibiting the service provider from retaining, using, or disclosing the biological sample, extracted genetic material, genetic data, or any information regarding the identity of the consumer, including whether the consumer has solicited or received genetic testing, as applicable, for a commercial purpose other than providing the services specified in the contract with the service provider with the business; and

2. A provision prohibiting the service provider from associating or combining the biological sample, extracted genetic material, genetic data, or any information regarding the identity of the consumer, including whether the consumer has solicited or received genetic testing, as applicable, with information the service provider has received from or on behalf of another person or has collected from its own interaction with consumers or as required by law.

2023, c. 526.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 56 (Genetic Data Privacy)
§ 59.1-599. Certain disclosures of genetic data prohibited.
No direct-to-consumer genetic testing company shall disclose a consumer's genetic data to any entity that is responsible for administering or making decisions regarding health insurance, life insurance, long-term care insurance, disability insurance, or employment or any entity that provides advice to such an entity without the consumer's express consent.

2023, c. 526.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 56 (Genetic Data Privacy)
§ 59.1-600. Discrimination prohibited.
No person or public entity shall discriminate against a consumer on the grounds that the consumer has exercised any of the rights granted by this chapter with regard to:

1. Providing or denying any good, service, or benefit to the consumer;

2. Charging any different price or rate for any good or service provided to the consumer, including through the use of discounts or other incentives or imposition of penalties;

3. Providing a different level or quality of goods, services, or benefits to the consumer;

4. Suggesting that the consumer will receive a different price or rate for goods, services, or benefits or a different level or quality of goods, services, or benefits; or

5. Considering the consumer's exercise of rights pursuant to this chapter as a basis or suspicion of criminal wrongdoing or unlawful conduct.

2023, c. 526.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 56 (Genetic Data Privacy)
§ 59.1-601. Enforcement; civil penalty.
A. The Attorney General shall have exclusive authority to enforce the provisions of this chapter.

B. Whenever the Attorney General has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any violation of this chapter, the Attorney General is empowered to issue a civil investigative demand. The provisions of § 59.1-9.10 shall apply mutatis mutandis to civil investigative demands issued pursuant to this subsection.

C. Notwithstanding any contrary provision of law, the Attorney General may cause an action to be brought in the appropriate circuit court in the name of the Commonwealth to enjoin any violation of this chapter. The circuit court having jurisdiction may enjoin such violation notwithstanding the existence of an adequate remedy at law. In any action brought pursuant to this subsection, it shall not be necessary that damages be proved.

D. Any person who violates the provisions of this chapter shall be subject to a civil penalty in an amount not to exceed $1,000 plus reasonable attorney fees, expenses, and court costs, as determined by the court. Any person who willfully violates the provisions of this chapter shall be subject to a civil penalty in an amount not less than $1,000 and not more than $10,000 plus reasonable attorney fees, expenses, and court costs, as determined by the court. Such civil penalties shall be paid into the Literary Fund.

E. Each violation of this chapter shall constitute a separate violation and shall be subject to any civil penalties imposed under this section.

2023, c. 526.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 56 (Genetic Data Privacy)
§ 59.1-602. Limitations.
A. The provisions of this chapter shall not reduce a direct-to-consumer genetic testing company's duties, obligations, requirements, or standards under any applicable state and federal laws for the protection of privacy and security.

B. In the event of a conflict between the provisions of this chapter and any other provision of law, the provisions of the law that afford the greatest protection for the right of privacy for consumers shall control.

C. Nothing in this chapter shall be construed to affect access to information made available to the public by the consumer.

2023, c. 526.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 57 (Restroom Access Act)
§ 59.1-603. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Customer" means an individual who is lawfully on the premises of a retail establishment.

"Eligible medical condition" means (i) any inflammatory bowel disease, including Crohn's disease, ulcerative colitis, or irritable bowel syndrome; (ii) the use of an ostomy device; or (iii) any other diagnosed medical condition, including pregnancy, that requires immediate access to a toilet facility.

"Employee toilet facility" means a toilet facility in a retail establishment that is not a public restroom but is used by employees of the retail establishment.

"Medical professional" means a physician, naturopathic physician, physician assistant, nurse, or nurse practitioner qualified to diagnose an eligible medical condition.

"Retail establishment" means a place of business open to the general public for the sale of goods or services.

2024, c. 640.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 57 (Restroom Access Act)
§ 59.1-604. Retail establishment; customer access to toilet facilities.
A retail establishment that has an employee toilet facility shall allow any customer to use such employee toilet facility during normal business hours if:

1. The customer does not have immediate access to a public restroom;

2. The employee toilet facility is not located in an area where providing access would create an obvious health or safety risk to the customer or others or an obvious security risk to the retail establishment;

3. The customer provides the retail establishment with evidence of the customer's eligible medical condition. Such evidence shall indicate that the customer suffers from an eligible medical condition and shall either be a copy of a statement signed by a medical professional on a prescription form or an identification card; and

4. At least two employees of the retail establishment are working onsite at the time the customer requests to use the employee toilet facility.

2024, c. 640.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 57 (Restroom Access Act)
§ 59.1-605. Liability limited; changes to facility.
A. A retail establishment or the employee of such establishment shall not be civilly liable for any act or omission in allowing a customer with an eligible medical condition to use an employee toilet facility if the act or omission:

1. Is not willful or grossly negligent; and

2. Occurs in an area of the retail establishment that is not accessible to the public.

B. No retail establishment shall be required to make any changes to an employee toilet facility under this chapter.

2024, c. 640.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 57 (Restroom Access Act)
§ 59.1-606. Civil liability.
A customer who suffers loss as the result of an act or omission by a retail establishment or an employee of a retail establishment that violates this chapter shall be entitled to bring an individual action to recover damages, not to exceed $100, resulting from such violation.

2024, c. 640.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 58 (Mandatory Fees or Surcharges)
§ 59.1-607. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Auction" has the same meaning as provided in § 54.1-600.

"Broadband Internet access service" has the same meaning as provided in 47 C.F.R. § 8.1(b).

"Cable operator" has the same meaning as provided in 47 U.S.C. § 522.

"Clear and conspicuous" and "clearly and conspicuously" have the same meaning as provided for those terms in § 59.1-207.45.

"Consumer transaction" has the same meaning as provided in § 59.1-198.

"Electric utility" has the same meaning as provided in § 56-576.

"Federal broadband consumer requirements" means the broadband consumer requirements adopted by the Federal Communications Commission in FCC 22-86 on November 14, 2022.

"Hotel" has the same meaning as provided in § 35.1-1.

"Mandatory fees or surcharges" includes any additional fee or surcharge that must be paid in order to purchase the good or service being advertised. "Mandatory fees or surcharges" does not include (i) taxes or fees imposed on the consumer by a government or government-approved entity or assessment fees of a government-created special district or program paid to the government or government-approved entity or (ii) reasonable postage or shipping fees.

"Motor vehicle dealer" has the same meaning as provided in § 46.2-1500.

"Natural gas utility" has the same meaning as provided in § 56-610.

"Price-variable supplier" means a supplier that offers services the total price of which is determined by consumer selections or preferences or dependent on distance or time.

"Restaurant" has the same meaning as provided in § 35.1-1.

"Settlement services" has the same meaning as provided in 12 U.S.C. § 2602(3).

"Supplier" has the same meaning as provided in § 59.1-198.

"Telecommunications service provider" has the same meaning as provided in § 56-466.1.

2025, cc. 685, 686.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 58 (Mandatory Fees or Surcharges)
§ 59.1-608. Mandatory fees or surcharges; disclosure required.
A. No supplier shall, in connection with a consumer transaction, advertise or display a price for goods or services without clearly and conspicuously displaying the total price, which shall include all mandatory fees or surcharges. A supplier that provides both a good and a service to consumers may comply with this section by displaying or advertising the total price of the good separately from the total price or rate charged for providing the service.

B. A supplier offering goods or services in an auction is compliant with this section if such supplier clearly and conspicuously discloses any mandatory fees associated with the transaction and that the total cost of such goods or services may vary.

C. A restaurant or hotel is compliant with this section if, in every offer or advertisement for the purchase of a good or service that includes pricing information, such restaurant or hotel includes a clear and conspicuous disclosure of the percentage of any automatic and mandatory gratuities charged.

D. A price-variable supplier is compliant with this section if such supplier clearly and conspicuously discloses (i) the factors determining the final price, (ii) any mandatory fees or surcharges associated with the transaction, and (iii) that the total cost of services may vary.

E. A provider of broadband Internet access service on its own or as part of a bundle that complies with federal broadband consumer requirements codified in 47 C.F.R. § 8.2(a) shall be deemed compliant with this section.

F. A cable operator that complies with the pricing requirements of 47 U.S.C. § 552 shall be deemed compliant with this section.

G. A direct broadcast satellite provider that complies with the pricing requirements of 47 C.F.R. 76.310 shall be deemed compliant with this section.

H. A provider of live-event tickets that complies with the provisions of 16 C.F.R. Part 464 relating to live-event tickets shall be deemed compliant with this section.

I. A food delivery platform that complies with the provisions of Chapter 54 (§ 59.1-586 et seq.) shall be deemed compliant with this section.

2025, cc. 685, 686.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 58 (Mandatory Fees or Surcharges)
§ 59.1-609. Limitations; exclusions.
A. It shall not be a violation of this chapter for any supplier to (i) reduce the total price that was previously advertised or displayed; (ii) display a promotion or discount, including an offer to waive one or more mandatory fees; or (iii) advertise or display a price for goods and services in compliance with specific state or federal laws applicable to such supplier.

B. No provision of this chapter shall apply to (i) fees authorized by law related to the purchase or lease of a motor vehicle that are charged by a motor vehicle dealer; (ii) fees, surcharges, or costs charged by any electric utility, natural gas utility, or telecommunications service provider; (iii) any fees, surcharges, or other costs associated with settlement services, provided that such associated costs do not include real estate broker commissions and fees; or (iv) the provision of air transportation by air carriers, as such terms are defined in 49 U.S.C. § 40102.

C. No provision of this chapter shall apply to a supplier if such application is expressly preempted by federal law.

2025, cc. 685, 686.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 58 (Mandatory Fees or Surcharges)
§ 59.1-610. Enforcement; penalties.
Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).

2025, cc. 685, 686.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 59 (Medical Debt Protection Act)
§ 59.1-611. (Effective July 1, 2026) Definitions.
As used in this chapter, unless the context requires a different meaning:

"Consumer reporting agency" has the same meaning as provided in § 59.1-444.1.

"Emergency services" has the same meaning as provided in § 38.2-3438.

"Extraordinary collection action" means any action taken to obtain payment of a medical debt that:

1. Involves selling an individual's medical debt to another party;

2. Involves reporting adverse information about an individual to consumer reporting agencies;

3. Involves deferring, denying, or requiring a payment before providing emergency services or urgent services because of an individual's nonpayment of medical debt; or

4. Requires a legal or judicial process, including placing a lien on an individual's property, foreclosing on an individual's real property, attaching or seizing an individual's bank account or any other personal property, commencing a civil action against an individual, causing an individual's arrest, causing an individual to be subject to a writ of body attachment, or garnishing an individual's wages.

"Financial assistance policy" means a written policy made pursuant to 26 C.F.R. § 1.501(r)-1 or § 32.1-137.010 or other written policy for providing financial assistance to patients adopted by a large health care facility or medical creditor voluntarily or otherwise as required by applicable federal or state law or regulation.

"Health care services" has the same meaning as provided in § 59.1-444.1.

"Large health care facility" includes:

1. Any hospital licensed by the Department of Health pursuant to Chapter 5 (§ 32.1-123 et seq.) of Title 32.1 and any outpatient clinic or facility operating under the license of such a hospital; and

2. Any practice that provides outpatient medical, surgical, behavioral, optical, radiology, laboratory, dental, or other health care services with revenues of at least $20 million annually.

"Medical creditor" means any entity that provides health care services for which a consumer (i) owes medical debt or (ii) if such medical debt has been sold, previously owed medical debt.

"Medical debt" has the same meaning as provided in § 59.1-444.1.

"Medical debt buyer" means a person that is engaged in the business of purchasing medical debt or collecting medical debt on behalf of another entity, whether such person collects the medical debt directly or hires an attorney or other third party to collect such medical debt.

"Medical debt collector" means any person that regularly collects or attempts to collect, directly or indirectly, medical debts originally owed, due, or asserted to be owed or due to another. "Medical debt collector" includes a medical debt buyer.

"Patient" means the individual who received health care services and includes a parent if the patient is a minor or a legal guardian if the patient is an adult under guardianship.

"Urgent services" means health care services the delay of which could seriously jeopardize an individual's life, health, or ability to regain maximum function.

2025, c. 692.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 59 (Medical Debt Protection Act)
§ 59.1-613. (Effective July 1, 2026) Enforcement; penalties.
Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).

2025, c. 692.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6 (REGISTRATION AND PROTECTION OF TRADEMARKS, SERVICE MARKS, AND CASE MARKS [Repealed])
§ 59.1-77. Repealed.
Repealed by Acts 1998, c. 819.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.1. Short title.
This chapter shall be known as the "Virginia Trademark and Service Mark Act (1998)."

1998, c. 819.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.10. Cancellation.
A. The Commission shall cancel, in whole or in part:

1. Any registration concerning which the Commission receives a voluntary request for cancellation thereof from the registrant or the assignee of record;

2. Any registration granted under this chapter or prior law and not renewed in accordance with the provisions hereof; or

3. 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:

a. The registered mark has been abandoned;

b. The registrant is not the owner of the mark;

c. The registration was granted as a result of a clerical error;

d. The registration was obtained fraudulently;

e. 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

f. There is a substantial likelihood of confusion with a mark or trade name previously used in this Commonwealth by another and not abandoned.

B. 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.

C. 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.

1998, c. 819.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.11. Classification.
The Commission shall by regulation establish a classification of goods and services for convenience of the administration of this chapter, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services in connection with which, the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the Commission may require payment of a fee for each class. To the extent practical, the classification of goods and services should conform to the classification adopted by the United States Patent and Trademark Office.

1998, c. 819.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.12. Infringement.
Subject to the provisions of § 59.1-92.15, any person who (i) uses in a manner likely to cause a consumer confusion, mistake, or deception as to the source or origin of any goods or services, without the consent of the owner of a registered mark, any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of such goods or services or (ii) reproduces, counterfeits, copies or colorably imitates a registered mark and applies such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, advertisements, or any item intended to be used in a manner likely to cause a consumer confusion, mistake, or deception as to the source or origin of any goods or services in connection with the sale, offering for sale, distribution, or advertising of such goods or services shall be liable in a civil action by the owner of a registered mark for any and all of the remedies provided in § 59.1-92.13, except that under this subdivision the owner shall not be entitled to recover profits, damages, or attorney fees unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.

1998, c. 819; 2008, cc. 759, 800; 2011, c. 801.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.13. Remedies and penalties.
A. 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.

B. Any person who:

1. 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.

2. 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.

C. 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.

D. 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.

E. 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.

1998, c. 819; 2008, cc. 759, 800; 2011, c. 801.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.14. Service on out-of-state registrants.
In any action brought against a nonresident registrant, service may be effected upon the clerk of the Commission as agent for service of the registrant in accordance with the procedures established in § 12.1-19.1.

1998, c. 819.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.15. Common law rights.
Nothing herein shall adversely affect the rights or the enforcement of common-law rights in marks.

1998, c. 819.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.16. Fees.
The Commission shall by regulation prescribe the fees payable for the various application and filing fees and for related services. Unless specified by the Commission, the fees payable herein are not refundable.

1998, c. 819.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.17. Commission may consider final judgments.
In any proceeding before the Commission involving the right to registration, or the cancellation of registration, in whole or in part, the final judgment of a court of record involving the right to use the mark, in whole or in part, may be offered in evidence to the Commission or filed with the Commission by any party to the registration or cancellation proceeding before the Commission. The Commission may consider the judgment of the court in determining what action it should take with respect to the registration or cancellation involved.

1998, c. 819.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.18. Appeals from final action of Commission.
From any final action of the Commission under the provisions of this chapter an appeal shall lie of right to the Supreme Court in accordance with the provisions of §§ 12.1-39, 12.1-40 and 12.1-41.

1998, c. 819.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.19. Regulations and forms.
A. The Commission shall have authority from time to time to make, amend, and rescind such regulations as may be necessary to carry out the provisions of this chapter, including regulations and forms governing applications, registrations, assignments, renewals, and fees, and defining technical and trade terms used in this chapter insofar as such definitions are not inconsistent with the provisions of this chapter. For the purpose of regulations and forms, the Commission may classify persons and matters within its jurisdiction and prescribe different requirements for different classes.

B. All such regulations and forms shall be made available for distribution at the office of the Commission.

C. No provision of this chapter imposing any liability shall apply to any act done or omitted in conformity with any regulation of the Commission, notwithstanding that such regulation may, after such act or omission, be amended, rescinded, or found for any reason to be invalid.

1998, c. 819.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.2. Definitions.
As used in this chapter, the following words shall have the following meanings:

"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.

"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.

"Commission" means the State Corporation Commission.

"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.

"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.

"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.

"Trade name" means any name used by a person to identify a business or enterprise.

"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.

"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.

1998, c. 819; 2008, cc. 759, 800; 2011, c. 801.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.20. Fees to cover expense of regulation.
The fees paid into the state treasury under this chapter, except for fees and funds collected for the Literary Fund, shall be deposited into a special fund and specifically accounted for and used by the Commission to defray the costs of supervising, implementing, and administering the provisions of this chapter, Chapters 5 (§ 13.1-501 et seq.) and 8 (§ 13.1-557 et seq.) of Title 13.1, and Chapter 7 (§ 59.1-93 et seq.) of this title. Included in the Commission's costs shall be a reasonable margin in the nature of a reserve fund. All excesses of fees collected exceeding these costs shall revert to the general fund.

1998, c. 819.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.21. Olympic symbols.
A. Without the permission of the United States Olympic Committee, a person shall not, for the purpose of trade, to induce the sale of goods or services, or to promote a theatrical exhibition, athletic performance, or competition, use:

1. The symbol of the International Olympic Committee, consisting of five interlocking rings;

2. The emblem of the United States Olympic Committee, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with five interlocking rings displayed on the chief;

3. A trademark, trade name, sign, symbol, or insignia falsely representing association with or authorization by the International Olympic Committee or the United States Olympic Committee; or

4. The words "Olympic," "Olympiad," or "Citius Altius Fortius" or a combination or simulation of those words that tends to cause confusion or mistake, to deceive, or to suggest falsely a connection with the United States Olympic Committee or an Olympic activity.

B. Any person who actually used the emblem described in subdivision A 2, or the words, or any combination thereof, described in subdivision A 4, for any lawful purpose prior to September 21, 1950, shall not be prohibited by this section from continuing such lawful use for the same purpose and for the same goods or services. In addition, any person who actually used, or whose assignor actually used, any other trademark, trade name, sign, symbol, or insignia described in subdivisions A 3 and A 4 for any lawful purpose prior to September 21, 1950, shall not be prohibited by this section from continuing such lawful use for the same purpose and for the same goods or services.

C. On violation of subsection A, the United States Olympic Committee is entitled to the remedies available to a registrant on infringement of a mark registered under this chapter.

1998, c. 819.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.22. Use of name, logo, or symbol of a bank, trust company, savings institution, or credit union.
Any bank, trust company, savings institution, or credit union whose name, logo, or symbol, or any combination thereof, or any name, logo, or symbol, or any combination thereof that is deceptively similar thereto, is used by a person in a manner prohibited by §§ 6.2-941, 6.2-1043, 6.2-1105, and 6.2-1307, is entitled to the remedies that are available to a registrant under subsection A of § 59.1-92.13.

2005, c. 240.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.3. Registrability.
A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it consists of or comprises:

1. Any immoral, deceptive or scandalous matter;

2. Any matter which may falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;

3. The flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof;

4. The name, signature or portrait identifying a particular living individual, except by the individual's written consent;

5. A mark which (i) when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; (ii) when used on or in connection with the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or (iii) is primarily merely a surname; however, nothing in this subdivision shall prevent the registration of a mark used by the applicant which has become distinctive in this Commonwealth of the applicant's goods or services. The Commission may accept as prima facie evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this Commonwealth for the five years before the date of the application for registration; or

6. A mark which so resembles a mark registered in this Commonwealth or a trademark, service mark or trade name previously used in this Commonwealth by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake, or to deceive.

1998, c. 819.