{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/59.1-92.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/59.1-92.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/59.1-92.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/59.1-92.4.html"}],"law_id":373500,"edition_id":2,"section_id":373500,"structure_id":53151,"section_number":"59.1-92.4","catch_line":"Application for registration","history":"1998, c. 819.","full_text":"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:\n\n1\n\nThe 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;\n\n2\n\nThe 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;\n\n3\n\nThe 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\n\n4\n\nA 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.\n\t\t\tThe Commission may also require that a drawing of the mark, complying with such requirements as the Commission may specify, accompany the application.\n\n\t\t\tThe 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.\n\n\t\t\tThe application shall be accompanied by a specimen showing the mark as actually used.\n\n\t\t\tThe application shall be accompanied by a nonrefundable application fee.\n\n","order_by":null,"text":{"0":{"id":1393984,"text":"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:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1393985,"text":"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;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1393986,"text":"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;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":1393987,"text":"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","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":1393988,"text":"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.\n\t\t\tThe Commission may also require that a drawing of the mark, complying with such requirements as the Commission may specify, accompany the application.\t\t\tThe 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.\t\t\tThe application shall be accompanied by a specimen showing the mark as actually used.\t\t\tThe application shall be accompanied by a nonrefundable application fee.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":53151,"edition_id":2,"name":"Registration and Protection of Trademarks and Service Marks","identifier":"6.1","label":"chapter","depth":2,"order_by":15,"parent_id":53010,"metadata":{"child_laws":22,"child_structures":0},"date_created":"2026-08-02 03:11:38","date_modified":"2026-08-02 12:36:21","permalink":{"id":1489925,"object_type":"structure","relational_id":53151,"identifier":"6.1","token":"59.1\/6.1","url":"\/59.1\/6.1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53010,"edition_id":2,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":127,"parent_id":null,"metadata":{"child_laws":861,"child_structures":141},"date_created":"2026-08-02 03:09:52","date_modified":"2026-08-02 12:36:19","permalink":{"id":1486523,"object_type":"structure","relational_id":53010,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":373484,"structure_id":53151,"section_number":"59.1-92.1","catch_line":"Short title","url":"\/59.1-92.1\/","token":"59.1\/6.1\/59.1-92.1","metadata":false},{"id":373485,"structure_id":53151,"section_number":"59.1-92.10","catch_line":"Cancellation","url":"\/59.1-92.10\/","token":"59.1\/6.1\/59.1-92.10","metadata":false},{"id":373486,"structure_id":53151,"section_number":"59.1-92.11","catch_line":"Classification","url":"\/59.1-92.11\/","token":"59.1\/6.1\/59.1-92.11","metadata":false},{"id":373487,"structure_id":53151,"section_number":"59.1-92.12","catch_line":"Infringement","url":"\/59.1-92.12\/","token":"59.1\/6.1\/59.1-92.12","metadata":{"court_decisions":{"0":{"name":"Select Auto Imports Inc. v. Yates Select Auto Sales, LLC","case_number":"Case No. 1:15-cv-00679-GBL-JFA","citation":"195 F. Supp. 3d 818","date":"2016-07-07","url":"https:\/\/www.courtlistener.com\/opinion\/7321101\/select-auto-imports-inc-v-yates-select-auto-sales-llc\/","abstract":" .\u202f.\u202f. MEMORANDUM OPINION AND ORDER .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"},"1":{"name":"Swatch, S.A. v. Beehive Wholesale, L.L.C.","case_number":"Civil Action No. 1:11-cv-434","citation":"888 F. Supp. 2d 738","date":"2012-08-16","url":"https:\/\/www.courtlistener.com\/opinion\/8718553\/swatch-sa-v-beehive-wholesale-llc\/","abstract":" .\u202f.\u202f. MEMORANDUM OPINION .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"},"2":{"name":"Swatch AG v. Beehive Wholesale, LLC","case_number":"12-2126","citation":"739 F.3d 150","date":"2014-01-07","url":"https:\/\/www.courtlistener.com\/opinion\/2648382\/swatch-ag-v-beehive-wholesale-llc\/","abstract":" .\u202f.\u202f. Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge NIEMEYER and Judge .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"3":{"name":"Simply Wireless, Inc. v. T-Mobile US, Inc.","case_number":"16-1123, 16-1166","citation":"877 F.3d 522","date":"2017-12-13","url":"https:\/\/www.courtlistener.com\/opinion\/4451159\/simply-wireless-inc-v-t-mobile-us-inc\/","abstract":" .\u202f.\u202f. Affirmed by published opinion. Judge Wynn wrote-the majority opinion, in which Judge Harris joined. .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"4":{"name":"Combe Inc. v. Dr. Aug. Wolff GMBH & Co.","case_number":"Civil Action No. 1:17-cv-00935","citation":"382 F. Supp. 3d 429","date":"2019-05-23","url":"https:\/\/www.courtlistener.com\/opinion\/7336074\/combe-inc-v-dr-aug-wolff-gmbh-co\/","abstract":" .\u202f.\u202f. T.S. Ellis, III, United States District Judge .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"},"5":{"name":" .\u202f.\u202f. Radiance Foundation, Inc. v. National Ass'n for the .\u202f.\u202f. ","case_number":"Civil Action No. 2:13cv53","citation":"25 F. Supp. 3d 865","date":"2014-06-10","url":"https:\/\/www.courtlistener.com\/opinion\/7306998\/radiance-foundation-inc-v-national-assn-for-the-advancement-of-colored\/","abstract":" .\u202f.\u202f. AMENDED MEMORANDUM OPINION AND ORDER .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}}}},{"id":373488,"structure_id":53151,"section_number":"59.1-92.13","catch_line":"Remedies and penalties","url":"\/59.1-92.13\/","token":"59.1\/6.1\/59.1-92.13","metadata":false},{"id":373489,"structure_id":53151,"section_number":"59.1-92.14","catch_line":"Service on out-of-state registrants","url":"\/59.1-92.14\/","token":"59.1\/6.1\/59.1-92.14","metadata":false},{"id":373490,"structure_id":53151,"section_number":"59.1-92.15","catch_line":"Common law rights","url":"\/59.1-92.15\/","token":"59.1\/6.1\/59.1-92.15","metadata":false},{"id":373491,"structure_id":53151,"section_number":"59.1-92.16","catch_line":"Fees","url":"\/59.1-92.16\/","token":"59.1\/6.1\/59.1-92.16","metadata":false},{"id":373492,"structure_id":53151,"section_number":"59.1-92.17","catch_line":"Commission may consider final judgments","url":"\/59.1-92.17\/","token":"59.1\/6.1\/59.1-92.17","metadata":false},{"id":373493,"structure_id":53151,"section_number":"59.1-92.18","catch_line":"Appeals from final action of Commission","url":"\/59.1-92.18\/","token":"59.1\/6.1\/59.1-92.18","metadata":false},{"id":373494,"structure_id":53151,"section_number":"59.1-92.19","catch_line":"Regulations and forms","url":"\/59.1-92.19\/","token":"59.1\/6.1\/59.1-92.19","metadata":false},{"id":373495,"structure_id":53151,"section_number":"59.1-92.2","catch_line":"Definitions","url":"\/59.1-92.2\/","token":"59.1\/6.1\/59.1-92.2","metadata":false},{"id":373496,"structure_id":53151,"section_number":"59.1-92.20","catch_line":"Fees to cover expense of regulation","url":"\/59.1-92.20\/","token":"59.1\/6.1\/59.1-92.20","metadata":false},{"id":373497,"structure_id":53151,"section_number":"59.1-92.21","catch_line":"Olympic symbols","url":"\/59.1-92.21\/","token":"59.1\/6.1\/59.1-92.21","metadata":{"court_decisions":""}},{"id":373498,"structure_id":53151,"section_number":"59.1-92.22","catch_line":"Use of name, logo, or symbol of a bank, trust company, savings institution, or credit union","url":"\/59.1-92.22\/","token":"59.1\/6.1\/59.1-92.22","metadata":{"court_decisions":{"0":{"name":"Combe Inc. v. Dr. Aug. Wolff GmbH & Co. KG Arzneimittel","case_number":"Case No. 1:17\u2013cv\u2013935","citation":"309 F. Supp. 3d 414","date":"2018-03-28","url":"https:\/\/www.courtlistener.com\/opinion\/7330063\/combe-inc-v-dr-aug-wolff-gmbh-co-kg-arzneimittel\/","abstract":" .\u202f.\u202f. T.S. Ellis, III, United States District Judge .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"},"1":{"name":"Diamonds Direct USA, Inc. v. BFJ Holdings, Inc.","case_number":"Civil Action No. 3:12CV303-HEH","citation":"895 F. Supp. 2d 752","date":"2012-10-02","url":"https:\/\/www.courtlistener.com\/opinion\/8719313\/diamonds-direct-usa-inc-v-bfj-holdings-inc\/","abstract":" .\u202f.\u202f. MEMORANDUM OPINION .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}}}},{"id":373499,"structure_id":53151,"section_number":"59.1-92.3","catch_line":"Registrability","url":"\/59.1-92.3\/","token":"59.1\/6.1\/59.1-92.3","metadata":false},{"id":373500,"structure_id":53151,"section_number":"59.1-92.4","catch_line":"Application for registration","url":"\/59.1-92.4\/","token":"59.1\/6.1\/59.1-92.4","metadata":{"court_decisions":""}},{"id":373501,"structure_id":53151,"section_number":"59.1-92.5","catch_line":"Filing of applications","url":"\/59.1-92.5\/","token":"59.1\/6.1\/59.1-92.5","metadata":false},{"id":373502,"structure_id":53151,"section_number":"59.1-92.6","catch_line":"Certificate of registration","url":"\/59.1-92.6\/","token":"59.1\/6.1\/59.1-92.6","metadata":false},{"id":373503,"structure_id":53151,"section_number":"59.1-92.7","catch_line":"Duration and renewal","url":"\/59.1-92.7\/","token":"59.1\/6.1\/59.1-92.7","metadata":{"court_decisions":""}},{"id":373504,"structure_id":53151,"section_number":"59.1-92.8","catch_line":"Assignments and changes of name","url":"\/59.1-92.8\/","token":"59.1\/6.1\/59.1-92.8","metadata":false},{"id":373505,"structure_id":53151,"section_number":"59.1-92.9","catch_line":"Records","url":"\/59.1-92.9\/","token":"59.1\/6.1\/59.1-92.9","metadata":false}],"previous_section":{"id":373499,"structure_id":53151,"section_number":"59.1-92.3","catch_line":"Registrability","url":"\/59.1-92.3\/","token":"59.1\/6.1\/59.1-92.3","metadata":false},"next_section":{"id":373501,"structure_id":53151,"section_number":"59.1-92.5","catch_line":"Filing of applications","url":"\/59.1-92.5\/","token":"59.1\/6.1\/59.1-92.5","metadata":false},"metadata":{"court_decisions":""},"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-92.4\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapter 819<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1489991,"object_type":"law","relational_id":373500,"identifier":"59.1-92.4","token":"59.1\/6.1\/59.1-92.4","url":"\/59.1-92.4\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/59.1-92.4\/","token":"59.1\/6.1\/59.1-92.4","dublin_core":{"Title":"Application for registration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-92.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Subject to the limitations set forth in this chapter, any person who uses<\/span> a mark<\/span> may file with the Commission<\/span>, in a manner complying with the requirements of the Commission<\/span>, an application for registration of that mark<\/span> setting forth, but not limited to, the following information:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> 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<\/span> of incorporation, formation, or organization, as the case may be; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The goods or services on or in connection with which the mark<\/span> is used and the manner in which the mark<\/span> is used on or in connection with such goods or services and the class in which such goods or services fall; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The date when the mark<\/span> was first used anywhere and the date when it was first used in this Commonwealth by the applicant<\/span> or a predecessor in interest; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A statement that the applicant<\/span> is the owner of the mark<\/span>, that the mark<\/span> is in use<\/span> in this Commonwealth, and that, to the knowledge of the person verifying the application, no other person has registered the mark<\/span> in this Commonwealth, or has the right to use<\/span> such mark<\/span> 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.\n\t\t\tThe Commission<\/span> may also require that a drawing of the mark<\/span>, complying with such requirements as the Commission<\/span> may specify, accompany the application.

\t\t\tThe application shall be signed and verified (by oath<\/span>, affirmation or declaration subject to perjury<\/span> laws<\/span>) by the applicant<\/span> or by a person authorized by the applicant<\/span> to make the application.

\t\t\tThe application shall be accompanied by a specimen showing the mark<\/span> as actually used.

\t\t\tThe application shall be accompanied by a nonrefundable application fee. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICATION FOR REGISTRATION (\u00a7 59.1-92.4)\n\nSubject to the limitations set forth in this chapter, any person who uses a mark\nmay file with the Commission, in a manner complying with the requirements of the\nCommission, an application for registration of that mark setting forth, but not\nlimited to, the following information:\n\n1. The name and business address of the person applying for such registration;\nand, if a corporation, limited liability company, partnership, limited liability\npartnership, or any other legal entity, the state or other jurisdiction of\nincorporation, formation, or organization, as the case may be;\n\n2. The goods or services on or in connection with which the mark is used and the\nmanner in which the mark is used on or in connection with such goods or services\nand the class in which such goods or services fall;\n\n3. The date when the mark was first used anywhere and the date when it was first\nused in this Commonwealth by the applicant or a predecessor in interest; and\n\n4. A statement that the applicant is the owner of the mark, that the mark is in\nuse in this Commonwealth, and that, to the knowledge of the person verifying the\napplication, no other person has registered the mark in this Commonwealth, or\nhas the right to use such mark in this Commonwealth either in the identical form\nthereof or in such near resemblance thereto as to be likely, when applied to the\ngoods or services of such other person, to cause confusion or mistake, or to\ndeceive.\n\t\t\tThe Commission may also require that a drawing of the mark, complying with\nsuch requirements as the Commission may specify, accompany the\napplication.\t\t\tThe application shall be signed and verified (by oath,\naffirmation or declaration subject to perjury laws) by the applicant or by a\nperson authorized by the applicant to make the application.\t\t\tThe application\nshall be accompanied by a specimen showing the mark as actually used.\t\t\tThe\napplication shall be accompanied by a nonrefundable application fee.\n\nHISTORY: 1998, c. 819.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}