reglab/housing_qa huggingface dataset:
VA Code § 59.1-92.8 (2021)
2021 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.
VA Code § 59.1-92.9 (2021)
2021 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.
VA Code § 59.1-92.10 (2021)
2021 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; or3. 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; orf. 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.
VA Code § 59.1-92.11 (2021)
2021 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.
VA Code § 59.1-92.12 (2021)
2021 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.
VA Code § 59.1-92.13 (2021)
2021 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.
VA Code § 59.1-92.14 (2021)
2021 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.
VA Code § 59.1-92.15 (2021)
2021 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.
VA Code § 59.1-92.16 (2021)
2021 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.
VA Code § 59.1-92.17 (2021)
2021 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.
VA Code § 59.1-92.18 (2021)
2021 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.
VA Code § 59.1-92.19 (2021)
2021 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.
VA Code § 59.1-92.20 (2021)
2021 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.
VA Code § 59.1-92.21 (2021)
2021 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; or4. 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.
VA Code § 59.1-92.22 (2021)
2021 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.
VA Code § 59.1-93 (2021)
2021 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.
VA Code § 59.1-94 (2021)
2021 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.
VA Code § 59.1-95 (2021)
2021 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.
VA Code § 59.1-95.1 (2021)
2021 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.
VA Code § 59.1-96 (2021)
2021 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.