dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.4. Application for registration.
Subject to the limitations set forth in this chapter, any person who uses a mark may file with the Commission, in a manner complying with the requirements of the Commission, an application for registration of that mark setting forth, but not limited to, the following information:

1. The name and business address of the person applying for such registration; and, if a corporation, limited liability company, partnership, limited liability partnership, or any other legal entity, the state or other jurisdiction of incorporation, formation, or organization, as the case may be;

2. The goods or services on or in connection with which the mark is used and the manner in which the mark is used on or in connection with such goods or services and the class in which such goods or services fall;

3. The date when the mark was first used anywhere and the date when it was first used in this Commonwealth by the applicant or a predecessor in interest; and

4. A statement that the applicant is the owner of the mark, that the mark is in use in this Commonwealth, and that, to the knowledge of the person verifying the application, no other person has registered the mark in this Commonwealth, or has the right to use such mark in this Commonwealth either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of such other person, to cause confusion or mistake, or to deceive.

The Commission may also require that a drawing of the mark, complying with such requirements as the Commission may specify, accompany the application.

The application shall be signed and verified (by oath, affirmation or declaration subject to perjury laws) by the applicant or by a person authorized by the applicant to make the application.

The application shall be accompanied by a specimen showing the mark as actually used.

The application shall be accompanied by a nonrefundable application fee.

1998, c. 819.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.5. Filing of applications.
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's or registrant's common law rights then existing or thereafter arising in the disclaimed matter, or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or has become distinctive of the applicant's or registrant's goods or services.

D. Amendments to the application may be made by the Commission with the applicant'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'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.

1998, c. 819.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.6. Certificate of registration.
Upon compliance by the applicant with the requirements of this chapter, the Commission shall cause a certificate of registration to be issued and delivered to the applicant. The certificate shall show (i) the name and business address of the registrant and, if a corporation, limited liability company, partnership, limited liability partnership, or any other legal entity, the state or other jurisdiction of incorporation, formation, or organization, as the case may be; (ii) the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this Commonwealth; (iii) the class of goods or services and a description of the goods or services on or in connection with which the mark is used; (iv) a reproduction of the mark; and (v) the registration date and the term of the registration.

Any certificate of registration issued by the Commission under the provisions hereof or a copy thereof duly certified by the clerk of the Commission shall be prima facie evidence of the registrant's ownership of the mark, and of the registrant's exclusive right to use the registered mark within the Commonwealth on or in connection with the goods or services specified in the certificate, and shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any actions or judicial proceedings in any court of this Commonwealth.

1998, c. 819.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.7. Duration and renewal.
A registration of a mark hereunder shall be effective for a term of five years from the date of registration and, upon application filed within six months prior to the expiration of such term, in a manner complying with the requirements of the Commission, the registration may be renewed for a like term from the end of the expiring term. A renewal fee shall accompany the application for renewal of the registration.

A registration may be renewed for successive periods of five years in like manner.

Any registration in force on the date on which this chapter becomes effective shall continue in full force and effect for the unexpired term thereof and may be renewed for five years by filing with the Commission, within six months prior to the expiration of the registration, an application for renewal complying with the requirements of the Commission and paying the aforementioned renewal fee therefor.

All applications for renewal under this chapter, whether of registrations made under this chapter or of registrations effected under any prior law, shall include a verified statement that the mark has been and is still in use and include a specimen showing actual use of the mark on or in connection with the goods or services.

1998, c. 819.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.8. Assignments and changes of name.
A. Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be filed with the Commission upon the payment of a fee. The Commission shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this chapter shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is filed with the Commission within three months after the date of the assignment or prior to such subsequent purchase.

B. Any applicant effecting a change of name may file a certificate of name change with the Commission upon the payment of a fee. The Commission shall prescribe the form and content of such certificate. If the Commission issues a registration based on such applicant's request for registration, the registration shall be issued in the new name of the applicant.

C. Any registrant effecting a change of name may file a certificate of name change with the Commission upon the payment of a fee. The Commission shall prescribe the form and content of such certificate. The Commission shall issue in the new name of the registrant a new certificate of registration for the remainder of the term of the registration or last renewal thereof.

D. A photocopy of any instrument referred to in this section shall be accepted for filing if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original.

1998, c. 819.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 6.1 (REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS)
§ 59.1-92.9. Records.
The Commission shall keep for public examination a record of all marks registered or renewed under this chapter, as well as a record of all documents filed pursuant to § 59.1-92.8.

1998, c. 819.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 7 (NAMES, MARKS AND DEVICES ON CERTAIN CONTAINERS AND OTHER ARTICLES)
§ 59.1-100. Trial on appeal.
The appeal shall be tried without formal pleadings in writing, and the accused shall be entitled to trial by jury in the same manner as if he had been indicted for the offense in such court.

Code 1950, § 59-197; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 7 (NAMES, MARKS AND DEVICES ON CERTAIN CONTAINERS AND OTHER ARTICLES)
§ 59.1-101. Requiring or accepting deposit upon property not deemed a sale thereof.
The requiring, taking or accepting of any deposit, for any purpose, upon any bottle, siphon, siphon head, crate, tin, keg, freezer, can, spoon, block, mould, tray, pan, brick, pail, tub, refrigerator box, cutlery, glass, china, chair, table, sign or clean laundered or soiled article mentioned in this chapter shall not be deemed or constitute a sale of such property, either optional or otherwise in any proceeding under this chapter.

Code 1950, § 59-198; 1958, c. 579; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 7 (NAMES, MARKS AND DEVICES ON CERTAIN CONTAINERS AND OTHER ARTICLES)
§ 59.1-102. Records; previous filing and publishing of names, marks, etc.
The Secretary of the Commonwealth shall deliver the records of his office relating to names, marks and devices on such property as is mentioned in § 59.1-94 to the State Corporation Commission. No person who has filed prior to July 1, 1948, in the proper offices, a description of the name or names, marks or devices upon such property and has caused the same to be published according to the law existing at the time of such filing and publication, shall be required to again file and publish such description to be entitled to the benefits of this chapter.

Code 1950, § 59-199; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 7 (NAMES, MARKS AND DEVICES ON CERTAIN CONTAINERS AND OTHER ARTICLES)
§ 59.1-93. "Person" defined.
The word "person" as used in this chapter shall mean an individual, firm or corporation.

Code 1950, § 59-190; 1968, c. 439.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 7 (NAMES, MARKS AND DEVICES ON CERTAIN CONTAINERS AND OTHER ARTICLES)
§ 59.1-94. Filing and publication of description of names, marks or devices.
Any person engaged in manufacturing, bottling or selling soda waters, mineral or aerated waters, cider, ginger ale, milk, cream, ice cream, soft drinks or other beverages, or medicines, medical preparations, perfumery, oils, compounds or mixtures, in bottles, siphons, tins, crates or kegs, with his or its name or other marks or devices branded, stamped, engraved, etched, blown, impressed or otherwise produced upon such bottles, siphons, siphon heads, tins, crates, or kegs, or the boxes used by him, or any person engaged in the business of regularly supplying clean laundered garments, towels, table or bed linens or other such articles with his or its name or other marks or devices woven, impressed or produced thereon, and who periodically exchanges such clean articles for soiled articles, may file in the office of the clerk of the circuit court in which his principal office of business is situated, or if such person shall manufacture, supply or bottle out of this Commonwealth, then in any county or city in this Commonwealth, and also in the office of the State Corporation Commission, a description of the name or names or marks or devices so used by him and cause such description to be printed once in each week, for three weeks successively, in a newspaper published in the county or city in which such description may have been filed as aforesaid, and if there be no newspaper published in the county or city in which such description has been filed, then in the newspaper published nearest to that county or city, and he shall thereupon be deemed the proprietor of such name, mark or device, and of every vessel or receptacle or clean laundered or soiled articles mentioned herein upon which it may be branded, stamped, engraved, etched, blown, impressed, woven or otherwise produced.

Code 1950, § 59-191; 1958, c. 579; 1968, c. 439; 2002, c. 858.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 7 (NAMES, MARKS AND DEVICES ON CERTAIN CONTAINERS AND OTHER ARTICLES)
§ 59.1-95. Certified copy as evidence; fees of the State Corporation Commission.
A certified copy of the description of the names, marks or devices referred to in this chapter, and filed with the State Corporation Commission, shall be prima facie evidence of the ownership of such bottles, siphons, boxes, crates, tins, kegs or clean laundered or soiled articles mentioned in this chapter in the trial of any case arising under the provisions of this chapter. For filing such paper or giving such copy, the State Corporation Commission may make a reasonable charge not exceeding five dollars.

Code 1950, § 59-192; 1958, c. 579; 1968, c. 439.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 7 (NAMES, MARKS AND DEVICES ON CERTAIN CONTAINERS AND OTHER ARTICLES)
§ 59.1-95.1. 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 State Corporation Commission to defray the costs of supervising, implementing, and administering the provisions of Chapters 5 (§ 13.1-501 et seq.) and 8 (§ 13.1-557 et seq.) of Title 13.1, and Chapters 6.1 (§ 59.1-92.1 et seq.) and 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.

1987, c. 434.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 7 (NAMES, MARKS AND DEVICES ON CERTAIN CONTAINERS AND OTHER ARTICLES)
§ 59.1-96. Offenses and punishments.
It shall be unlawful for any person to fill with soda waters, mineral or aerated waters, cider, ginger ale, milk, or soft drinks, or other beverages or with medicine, medical preparations, perfumery, oils, compounds or mixtures, any bottle, box, crate, tin or keg so marked or distinguished as provided in § 59.1-94 with or by any name, mark or device, of which a description shall have been filed and published, as provided in such section, or to deface, erase, obliterate, cover up or otherwise remove, or conceal, any such name, mark or device thereon, or to sell, buy, give, take, receive, or otherwise dispose of or traffic in the same without the written consent of, or unless the same shall have been purchased by an agreement in writing from, the person whose mark or device shall be or shall have been in or upon the bottle, siphon, siphon head, crate, tin or keg so filled, trafficked in, used or handled as aforesaid. It shall also be unlawful for any person to sell, buy, rent, or otherwise traffic in any clean laundered or soiled articles mentioned in this chapter so marked or designated as provided in § 59.1-94 with or by any name, mark or device, of which a description shall have been filed and published, as provided in such section, or to deface, erase, obliterate, cover up or otherwise remove or conceal, any such name, mark or device thereon, or to sell, buy, give, take, receive or otherwise dispose of or traffic in the same without the written consent of, or unless the same shall have been purchased by an agreement in writing from, the person whose mark or device shall be or shall have been in or upon any such clean laundered or soiled article. Any person offending against the provisions of this section shall be deemed guilty of a misdemeanor, and shall be punished for the first offense by imprisonment for not less than ten days, nor more than one year, or by a fine of $5, and in addition thereto fifty cents for each and every such bottle, box, siphon, siphon head, crate, tin, or keg, sold, disposed of, received, bought or trafficked in, or by both such fine and imprisonment, and for each subsequent offense by imprisonment for not less than twenty days nor more than one year, or by a fine of not less than $50, and in addition thereto $1 for each and every bottle, box, siphon, crate, tin or keg filled, sold, used, disposed of, received, bought or trafficked in, or by both such fine and imprisonment, in the discretion of the judge or jury before whom the offense shall be tried; provided that in the case of any person offending against the provisions of this section relating to clean laundered or soiled articles such fine for the first offense shall be not less than $25 nor more than $200 and for each subsequent offense, the fine shall be not less than $50 nor more than $400.

Code 1950, § 59-193; 1958, c. 579; 1968, c. 439.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 7 (NAMES, MARKS AND DEVICES ON CERTAIN CONTAINERS AND OTHER ARTICLES)
§ 59.1-97. Presumptive evidence of unlawful use and trafficking in marked containers and other articles.
The use by any person other than the person whose device, name or mark shall be or shall have been upon the same without such written consent as aforesaid, of any such marked or distinguished bottle, box, siphon, siphon heads, crate, tin or keg, and filed and published as aforesaid, for the sale therein of soda water, mineral or aerated waters, cider, ginger ale, milk, cream, soft drinks or other beverages, or of any articles of merchandise, medicines, medical preparations, perfumery, oils, compounds, mixtures or preparations, or for the furnishing of such or similar beverages to customers, or the receiving, buying, selling, using, disposing of or trafficking in any such bottles, boxes, siphons, siphon heads, crates, tins or kegs by any person other than the person having his name, mark or device thereon, or the having by any junk dealer, or dealers in secondhand articles, venders of bottles, etc., possession of any such bottles, boxes, siphons, siphon heads, crates, tins, or kegs, and description of the marks, names or devices whereon shall have been so filed and published, as aforesaid, or any such use of such device, name or mark distinguishing any clean laundered or soiled article mentioned in this chapter or any such receiving, buying, selling, using, disposing of or trafficking in any such article by any person other than the person having his name, mark or device thereon, or such having by any such junk dealer or other secondhand dealers possession of any such article and description of the marks, names or devices whereon shall have been so filed and published, as aforesaid, shall be presumptive evidence of the unlawful use and purchase of and trafficking in such bottles, siphons, boxes, siphon heads, crates, tins, kegs, or clean laundered or soiled article mentioned in this chapter.

Code 1950, § 59-194; 1958, c. 579; 1968, c. 439.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 7 (NAMES, MARKS AND DEVICES ON CERTAIN CONTAINERS AND OTHER ARTICLES)
§ 59.1-98. Procedure when violation charged; awarding possession of property to owner.
Whenever any person mentioned in § 59.1-94 or his agent shall make oath before any magistrate, or other officer empowered to issue criminal warrants, that he has reason to believe, and does believe, that within the city, town or county served by such magistrate or other officer, any of his bottles, boxes, siphons, siphon heads, crates, tins, kegs, or clean laundered or soiled articles mentioned in this chapter a description of the names, marks or devices whereon has been filed and published as aforesaid, are being unlawfully used or filled or had, by any person manufacturing or selling soda, mineral or aerated waters, cider, ginger ale, milk, cream, soft drinks or other beverages or medicines, medical preparations, perfumery, oils, compounds or mixtures, or that any junk dealer or dealer in secondhand articles, vendor of bottles, or any other person has any such bottles, boxes, siphons, siphon heads, crates, tins, kegs or clean laundered or soiled articles mentioned in this chapter in his possession or secreted in any place, the magistrate or other officer, before whom such oath is made must thereupon issue a search warrant to discover and obtain the same, and may also issue his warrant stating the offense charged, and cause to be brought before any general district court having jurisdiction the person in whose possession such bottles, boxes, siphons, siphon heads, crates, tins, kegs or clean laundered or soiled articles mentioned in this chapter may be found, and shall then inquire into the circumstances of such possession and if such general district court finds such person has been guilty of a violation of § 59.1-96, it must impose the punishment therein prescribed, and it shall award possession of the property taken upon such warrant to the owner thereof.

Code 1950, § 59-195; 1958, c. 579; 1968, c. 439; 2008, cc. 551, 691.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 7 (NAMES, MARKS AND DEVICES ON CERTAIN CONTAINERS AND OTHER ARTICLES)
§ 59.1-99. Right of appeal; commitment to jail; return and filing of papers.
Any person convicted under the provisions of § 59.1-98 shall have the right of appeal from the decision of such court not of record to the circuit, corporation or hustings court, and shall, unless let to bail, be committed to jail, until next term of such court of record, and the witnesses shall be recognized to appear at the same time. The judge of the court not of record shall return and file all of the papers in each case with the clerk of the court of record.

Code 1950, § 59-196; 1968, c. 439.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 7.1 (SAFETY GLAZING [Repealed])
§ 59.1-102.1. Repealed.
Repealed by Acts 1974, c. 233.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 8 (TIMBER BRANDS)
§ 59.1-103. Persons engaged in lumbering or rafting on certain waters may adopt mark of designation.
It shall be lawful for any person at any time engaged in lumbering or rafting in any manner upon the Elizabeth River in the Commonwealth of Virginia, or on any of its tributaries, or in the Albemarle and Chesapeake Canal or in the Dismal Swamp Canal or in any river or creek lying within the boundaries of this Commonwealth and connecting with either of such canals or upon the Chesapeake Bay, to adopt a mark of designation wherewith to stamp or mark all sawlogs, piles, hewn timber or square timber put or intended to be put by him in any of such streams to be floated and rafted on the same. Such mark may be either in letters, figures, words, names or other devices at the discretion of the person adopting it.

A statement of the mark so adopted with a certificate appended that the same has been adopted as the mark of designation aforesaid, signed by the person adopting the same, shall be furnished to the clerk of the circuit court of the county or corporation court of the city where such person is doing business and has his principal office.

No person shall be entitled to adopt more than one of any of the respective kinds of marks or stamps aforesaid as his mark of designation, but any such person shall not be prohibited from using any other mark in addition to such mark of designation for distinguishing different kinds or lots of timber obtained from different localities, if it does not interfere with the mark of designation of any other person.

Code 1950, § 59-200; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 8 (TIMBER BRANDS)
§ 59.1-104. Repealed.
Repealed by Acts 1994, c. 432.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 8 (TIMBER BRANDS)
§ 59.1-105. Certificate as evidence of right to use marks.
Any certificate of such mark of designation shall be prima facie evidence of the right of the person filing the same to use the mark or marks mentioned therein.

Code 1950, § 59-202; 1968, c. 439.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 8 (TIMBER BRANDS)
§ 59.1-106. Sale of unclaimed timber, etc., found adrift; disposition of proceeds.
Any person, except the owner thereof, taking up and securing any sawlog, pile, hewn timber or square timber detached from any raft and found adrift or aground on any of the waters or streams mentioned in § 59.1-103, shall promptly report such fact to the owner thereof, or shall lodge a list containing a description of the quantity, quality, and marks, if any, of such timber with a magistrate serving the jurisdiction where such timber was so found and secured, which magistrate shall promptly advertise the same for five consecutive days in a newspaper published in the City of Norfolk. If such timber shall not be claimed by the owner thereof within thirty days after such publication it shall be lawful for the magistrate to order the sale thereof at public auction by an officer after giving five days' notice of the time, place, and terms of such sale by not less than six handbills posted in the most public places in the vicinity where the same was found and within the county wherein the magistrate serves. Out of the proceeds of such sale the magistrate, after paying the expenses of the advertisement and handbills, together with all the other costs of such proceeding at law, shall pay to the person or persons who found and secured the timber ten cents for each piece thereof so taken and secured, and the residue of such proceeds of sale shall be paid into the state treasury for the benefit of the Commonwealth.

Code 1950, § 59-203; 1968, c. 439; 2008, cc. 551, 691.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 8 (TIMBER BRANDS)
§ 59.1-107. Fraudulent use of mark or claim of ownership; defacement of mark, etc.; destruction or conversion of timber, etc.
If any person shall fraudulently or willfully use any such registered mark, or shall fraudulently claim to be the owner of any such marked sawlog, pile, square or hewn timber found or being in any of the aforesaid streams or waters, whether floating or aground or tied up to any wharf or other object, either as part of a raft or not, or shall take and carry away any such marked sawlog, pile or piece of square or hewn timber without the authority of the owner thereof, or shall willfully deface or obliterate any such mark, name, figure, letter, or other designation thereon, or shall fraudulently saw, split, consume, destroy, or injure any such marked sawlog, pile, square or hewn timber or shall without the consent of the owner thereof sell or convert the same to his own use unless it shall have been duly forfeited according to the provisions of this chapter or according to other provisions of law, he shall for every such offense upon conviction be confined in jail not less than sixty days and not exceeding twelve months.

Code 1950, § 59-204; 1968, c. 439.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 8 (TIMBER BRANDS)
§ 59.1-108. Who are timber dealers.
Every person, firm or corporation dealing in logs or timber in any form to be floated on the streams of this Commonwealth shall be called and known as timber dealers, and as such may adopt a brand or trademark in the manner and with the effect hereinafter provided.

Code 1950, § 59-205; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 8 (TIMBER BRANDS)
§ 59.1-109. Timber dealer may adopt brand or trademark; recordation.
Every such dealer desiring to adopt a brand or trademark who has not heretofore adopted one may do so by the execution and acknowledgement, as deeds are required to be acknowledged, of a writing substantially in form and effect as follows:

"Notice is hereby given that I (or we or the undersigned company, as the
case may be) have (or has) adopted the following brand or trademark to be used
in my (or our or its) business as a timber dealer (or dealers, as the case may
be), to wit: (Here insert the word, letter or letters, or figures, or device
or devices adopted.)

"Given under my (or our or its) hand and seal this......… day of
.........., two thousand..................................................…

.......................................................................(Seal.)"

Such writing may be proved as deeds are proved in this Commonwealth and shall be recorded in the office of the clerk of the circuit court of the county in which the principal office or place of business of such timber dealer may be and of such other counties as such dealer may do business in. Nothing in this section shall be construed to prevent any person who has heretofore used any particular brand from adopting the same as his trademark, and when he shall have adopted it as his trademark as provided in this section it shall apply to the trees and timber heretofore marked with such brand as well as to such as may be hereafter so marked.

Code 1950, § 59-206; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 8 (TIMBER BRANDS)
§ 59.1-110. Using recorded brand or trademark without authority.
Every brand or trademark so adopted shall, from the date of its recordation be the exclusive brand or trademark of the person, firm or corporation adopting it, and any other person, firm or corporation knowingly using or attempting to use the same, without authority in writing from the owner thereof, shall be guilty of a misdemeanor and fined for each offense in so using the same not less than $20 nor more than $200, and shall be liable to the owner of such brand or trademark for all the damages sustained by such owner by reason of such unauthorized use.

Code 1950, § 59-207; 1968, c. 439.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 8 (TIMBER BRANDS)
§ 59.1-111. Unauthorized use of dealer's branding iron, or defacing, etc., marks made by it.
Every timber dealer may have a branding iron or hammer with which to impress such brand or trademark on a log, tree or other timber; and any person who shall use such branding iron or hammer or have or use one of like form and making the same brand or trademark, or who shall intentionally and without authority in writing remove, deface, or obliterate or destroy such brand or trademark when once impressed or placed on a log, tree or other timber shall be guilty of a felony, and for each offense shall be confined in the penitentiary not less than one nor more than three years.

Code 1950, § 59-208; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 8 (TIMBER BRANDS)
§ 59.1-112. Fraudulently impressing brand on timber.
If any person shall knowingly or fraudulently impress or place such brand or trademark on any log, tree or other timber not his own he shall be guilty of a misdemeanor and fined for each offense not less than $10 nor more than $100 and confined in jail not less than ten nor more than twenty days.

Code 1950, § 59-209; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 8 (TIMBER BRANDS)
§ 59.1-113. Effect of impressing brand on tree, etc.
The placing or impressing such brand or trademark on a log, tree or other marketable timber shall be deemed to be a change of ownership and possession.

Code 1950, § 59-210; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 8 (TIMBER BRANDS)
§ 59.1-114. Unlawful cutting down, possessing or converting branded timber.
Any person who shall cut down a tree or shall knowingly have in his possession a log or other timber that has been so branded, without the written consent of its owner, and claiming it as his own, or who shall convert it to his own use or offer to sell same, shall be guilty of a felony and punished by confinement in the penitentiary for not less than one nor more than two years for each offense, unless the defendant in such case show a bona fide adverse claim or color of title to the timber or logs in question obtained before such branding.

Code 1950, § 59-211; 1968, c. 439.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 8 (TIMBER BRANDS)
§ 59.1-115. Sheriff's sale of unbranded timber; recovery by owner; disposition of proceeds.
Every person who shall take, catch, hold or have in his possession any log or other marketable timber, not branded as aforesaid, without the written consent of the owner thereof, shall within ten days after catching, taking up, or getting possession of the same, as aforesaid, report the same in writing to the county clerk of the county in which such person resides, and thirty days after such report is received the sheriff of such county shall sell the same publicly at the courthouse door on the first day of a circuit court in the county, of which notice shall be given by the sheriff for at least ten days by written or printed notices posted at the front door of such courthouse or near thereto and at one or more public places in the county. Any person owning such log or timber may, however, recover the same, by satisfying the sheriff that he is entitled to it, or by action of detinue, as provided by law. Such sale shall be made for cash, and the proceeds when collected, after paying the expenses of sale, including a fee of twenty-five cents for each log or piece of timber so sold, shall be paid to the treasurer of the county for the benefit of the public schools of the district in which the party reporting the same shall at that time reside. Any person failing to report to such clerk, as aforesaid, or to turn over the log or other timber to the sheriff, or any sheriff failing or refusing to advertise and sell such log or timber, as aforesaid, shall be guilty of a misdemeanor, and fined not less than $10 nor more than $100 for each offense.

Code 1950, § 59-212; 1968, c. 439.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 8 (TIMBER BRANDS)
§ 59.1-116. Repealed.
Repealed by Acts 1994, c. 432.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 9 (SECONDHAND ARTICLES)
§ 59.1-116.1. Definitions.
As used in this article, unless the context requires a different meaning:

"Authorized scrap metal purchaser" has the same meaning as provided for the term "scrap metal purchaser" in § 59.1-136.1.

"Authorized scrap seller" means any licensed plumber, electrical contractor, HVAC contractor, or building and construction contractor.

"Building material" means any secondhand heating or plumbing fixture or supplies, electric fixtures, or any wiring, gas fixtures or appliances, water faucets, pipes, locks, or any other secondhand fixtures of any kind or description used in the construction of a building.

"Junk dealer" means a person who regularly engages in the business of purchasing, acquiring, or canvassing secondhand building material, including all nonferrous scrap metal, proprietary articles, or both, for the purpose of resale and has conducted transactions involving, or has offered for sale, more than 600 pounds combined weight of secondhand building material or enters into more than 26 combined transactions annually. "Junk dealer" does not include a "scrap metal purchaser" as defined in § 59.1-136.1.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, or other private commercial entity.

"Regularly engaged" with respect to purchasing or acquiring secondhand building material means having conducted transactions involving, or having offered for sale, more than 600 pounds combined weight of secondhand building material or enters into more than 26 combined transactions annually.

2011, c. 836; 2013, c. 414.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 9 (SECONDHAND ARTICLES)
§ 59.1-117. Permit required for trading in secondhand building fixtures.
Except as otherwise provided in this chapter, no person shall offer for sale or acquire any secondhand heating or plumbing fixtures or supplies, electric fixtures or any wiring, gas fixtures or appliances, water faucets, pipes, locks, bathtubs, gutters, downspouts, or other secondhand fixtures of whatever kind or description pertaining to a building or structure, without first obtaining a permit for the sale or acquisition of the same from the chief of police of the city or town or the sheriff of the county in which such property is offered for sale or acquisition.

Code 1950, § 59-145; 1968, c. 439; 2010, c. 805; 2011, c. 836; 2013, c. 414.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 9 (SECONDHAND ARTICLES)
§ 59.1-118. Permit issued by chief of police or sheriff; revocation.
The chief of police of a city or the sheriff of a county may issue, to persons regularly engaged in the business of collecting secondhand building materials for resale, a semiannual or annual permit covering all sales and acquisitions made by such persons. The chief of police or sheriff may refuse to issue a permit, and may revoke any permit issued, to any person convicted of a felony or crime of moral turpitude within the three years prior to the request for the permit. The applicant shall file with the chief of police or sheriff, or his designee, an application form that shall include the applicant's full name, address, age, sex, and fingerprints; the name, address, and telephone number of the applicant's employer, if any; and the location of the applicant's place of business. A permit shall be valid for one year from the date of issuance and may be renewed in the same manner as such permit was initially obtained. A fee of not more than $50 may be charged annually for the issuance of the permit.

Code 1950, § 59-146; 1968, c. 439; 2011, c. 836.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 9 (SECONDHAND ARTICLES)
§ 59.1-119. Who deemed a dealer.
Every person who is regularly engaged in the purchasing or acquiring of secondhand building material of the kind mentioned in § 59.1-117 for the purpose of resale or installation on the property of another shall be deemed a dealer within the meaning of the provisions of this article.

Code 1950, § 59-147; 1968, c. 439; 2011, c. 836.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 9 (SECONDHAND ARTICLES)
§ 59.1-119.1. Dealer required to show permit and identification.
Every dealer making a sale or purchase of a secondhand fixture pursuant to the provisions of this article shall first display the permit required by § 59.1-117 and also display positive photo identification to the purchaser or seller of such fixture.

1992, c. 25.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 9 (SECONDHAND ARTICLES)
§ 59.1-120. Recordkeeping requirements.
A. At the time of purchasing, collecting, receiving, or acquiring a secondhand building fixture, the dealer shall be required to provide:

1. The date and time of the secondhand building fixture's acquisition; and

2. The address from which the property was acquired and, if available, a driver's license or other form of government identification to include the name and date of birth of the person from whom the material was collected.

B. Every dealer shall keep at his place of business a permanently bound book or ledger in which shall be legibly written with ink in English at the time of each transaction in the course of the dealer's transaction involving a secondhand building fixture that is collected, received, acquired, or purchased by the dealer. Such account shall set forth:

1. A complete and accurate description of the secondhand building fixture that is the subject of the transaction;

2. All information prescribed in subsection A regarding location and, if available, the name and date of birth of the person with whom the dealer conducts the transaction;

3. The license number of the automobile or other vehicle in which the secondhand building fixture was delivered or received; and

4. The number of the permit issued pursuant to § 59.1-118 by the chief of police of the city or town, or the sheriff of the county, in which the transaction involving a secondhand building fixture occurred.

C. Records required by subsection B shall be maintained by the dealer at its normal place of business or at another readily accessible and secure location for a period of 24 months.

Code 1950, § 59-148; 1968, c. 439; 2010, c. 805; 2011, c. 836.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 9 (SECONDHAND ARTICLES)
§ 59.1-121. Reports to be made to chief of police or sheriff.
Every junk dealer selling or acquiring secondhand building materials of the kind mentioned in § 59.1-117, including persons regularly engaged in the business of collecting or acquiring secondhand building materials for the purpose of resale to a scrap metal purchaser, shall deliver:

1. If the purchase, acquisition, or receipt of the secondhand building fixture occurred in a city or town, to the chief of police of the city or town in which such goods were bought, collected, or received, every day except Sunday before noon, on blank forms to be prescribed and furnished by the chief of police of such city or town:

a. A legible and accurate description of every secondhand building fixture purchased, acquired, or received by him during the next preceding business day;

b. The date and time of the secondhand building fixture's acquisition;

c. If the person is a dealer, the number of his permit issued pursuant to § 59.1-118;

d. The license number of any automobile or other vehicle in which the secondhand building fixture was collected or received;

e. If available, the name and date of birth of the person with whom the dealer conducted the transaction; and

f. If the person is a dealer, a reference to the volume and number of the page where the original entry required by subsection B of § 59.1-120 is made; or

2. If the purchase, acquisition, or receipt of the secondhand building fixture occurred in a county, the same information required by subdivision 1 shall be furnished to the sheriff of the county in which such goods were bought, collected, or received not later than midday of the Saturday following the purchase or receipt of such goods, but the sheriff shall not be required to prepare or furnish blank forms for such reports for use in the county, and the dealer may submit any report which fairly conforms to the requirements of subdivision 1.

Code 1950, § 59-149; 1968, c. 439; 1972, c. 598; 2010, c. 805; 2011, c. 836; 2013, c. 414.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 9 (SECONDHAND ARTICLES)
§ 59.1-122. Books and places of business open to inspection.
The books required by this article to be kept, and the places of business of all persons engaged in the acquiring, selling, receiving, or purchasing of the articles mentioned in § 59.1-117, shall at all reasonable times be open to the inspection of any police officer, sheriff, or deputy of the county, city, or town in which such place of business is located.

Code 1950, § 59-150; 1968, c. 439; 2011, c. 836.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 9 (SECONDHAND ARTICLES)
§ 59.1-123. Exemptions from article.
The provisions of this article shall not apply to:

1. The sale of secondhand material mentioned in § 59.1-117 taken from premises occupied by the owner, when sold by such owner on the premises, or the sale of such articles when purchased from a public utility corporation at its place of business or a governmental agency;

2. Scrap metal purchasers as provided in Article 4 (§ 59.1-136.1 et seq.);

3. Authorized scrap sellers;

4. Public utilities;

5. Public transportation companies;

6. Peddlers permitted under § 59.1-118;

7. Industrial and manufacturing companies;

8. Marine, automobile, and aircraft salvage and wrecking companies;

9. Governmental entities; or

10. The donation of secondhand material mentioned in § 59.1-117 by the material's owner or the owner's contractor or subcontractor to a nonprofit corporation as defined in § 501(c)(3) of the U.S. Internal Revenue Code or the sale of such donated material by such a nonprofit corporation.

Code 1950, § 59-151; 1968, c. 439; 2007, c. 917; 2011, c. 836; 2013, c. 414; 2015, c. 626.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 9 (SECONDHAND ARTICLES)
§ 59.1-124. Penalty for violation.
Any person who violates this article shall be guilty of a Class 3 misdemeanor. A person convicted of a second or subsequent offense under this article is guilty of a Class 1 misdemeanor.

Code 1950, § 59-152; 1968, c. 439; 1972, c. 598; 1988, c. 765; 2010, c. 805.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 9 (SECONDHAND ARTICLES)
§ 59.1-125. When unlawful to buy.
It shall be unlawful for any person, firm or corporation to barter, purchase, exchange, or buy from any person whomsoever, except plumbers, the owner of buildings from which the material is taken, railroad, coal mining, industrial, manufacturing and public utility companies, or the authorized agents of such companies, lawful owners and junk dealers, licensed in this Commonwealth, any secondhand steel, copper, copper wire, aluminum, aluminum wire, brass, brass bearings or fittings, electric light or gas fixtures, locks or other builders hardware, plumbing fixtures, bell or bell fixtures, lead or brass water pipes or any part of such fixtures or pipes, or any wire, cable, lead, solder, copper, iron or brass used by or belonging to a railroad, telephone, telegraph, coal mining, industrial, manufacturing or public utility company; provided that this section shall not apply to any person, firm or corporation which shall barter, purchase, exchange, buy or accept any secondhand grooved or figure-eight copper trolley wire, bare or insulated heavy stranded copper or aluminum feeder wire, high voltage copper or aluminum transmission wire, or bare or insulated mining machine copper cables, but § 59.1-128 shall be applicable thereto.

Code 1950, § 59-153; 1958, c. 614; 1968, c. 439; 2011, c. 836.