Virginia § 59.1-92.10 Cancellation

Virginia Statutes

§ 59.1-92.10 — Cancellation

Virginia § 59.1-92.10

Title 59.1TRADE AND COMMERCE

Ch. 6.1REGISTRATION AND PROTECTION OF TRADEMARKS AND SERVICE MARKS

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Bluebook

Va. Code Ann. § 59.1-92.10 (2026).

Text

A.The Commission shall cancel, in whole or in part:

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

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

3.Any registration concerning which the Commission finds on its own motion, or on petition of any person who alleges that he is or will be damaged by such registration, that:

a.The registered mark has been abandoned;

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

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

d.The registration was obtained fraudulently;

e.The mark is or has become the generic name for the goods or services, or a portion

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A. The Commission shall cancel, in whole or in part:

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

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

3. Any registration concerning which the Commission finds on its own motion, or on petition of any person who alleges that he is or will be damaged by such registration, that:

a. The registered mark has been abandoned;

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

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

d. The registration was obtained fraudulently;

e. The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or

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

B. The Commission may also cause a partial cancellation of a registration by requiring the registrant to amend the registration to adopt a narrower identification of goods or services than is identified in the original certificate.

C. Before the Commission cancels or partially cancels any registration under subdivision A 3, the Commission shall give reasonable notice and an opportunity to be heard to the registrant and to other persons known to have or claim an interest in the mark.