2006 Code of Virginia § 59.1-92.4 - Application for registration

59.1-92.4. Application for registration.

Subject to the limitations set forth in this chapter, any person who uses amark may file with the Commission, in a manner complying with therequirements of the Commission, an application for registration of that marksetting forth, but not limited to, the following information:

1. The name and business address of the person applying for suchregistration; and, if a corporation, limited liability company, partnership,limited liability partnership, or any other legal entity, the state or otherjurisdiction 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 andthe manner in which the mark is used on or in connection with such goods orservices 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 wasfirst used in this Commonwealth by the applicant or a predecessor ininterest; and

4. A statement that the applicant is the owner of the mark, that the mark isin use in this Commonwealth, and that, to the knowledge of the personverifying the application, no other person has registered the mark in thisCommonwealth, or has the right to use such mark in this Commonwealth eitherin the identical form thereof or in such near resemblance thereto as to belikely, when applied to the goods or services of such other person, to causeconfusion or mistake, or to deceive.

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

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

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

The application shall be accompanied by a nonrefundable application fee.

(1998, c. 819.)