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1998 SESSION

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HB 264 Trademarks.

Introduced by: Whittington W. Clement | all patrons    ...    notes | add to my profiles

SUMMARY:

Trademarks. Provides a state system of trademark registration. This bill replaces the current Virginia laws on trademarks, service marks, and case marks with the Model State Trademark Bill, which has been adopted in 46 states. This bill contains the requirements for (i) determining registrability of trademarks, (ii) applying, filing, and issuing a certificate of registration, (iii) renewing a trademark, (iv) assigning a trademark or changing the name of the person for whom the application was filed, (v) recordkeeping and (vi) canceling a registration. All of these functions are performed under the supervision and direction of the State Corporation Commission. The bill requires the State Corporation Commission to establish by regulation a classification of goods and services; provides procedures and remedies for handling fraudulent registration, trademark infringement, and business reputation injury; and retains the Class 2 misdemeanor and Class 6 felony penalties for first and subsequent violations of the trademark infringement provision. The bill also prohibits the infringement of trademarks, tradenames, etc., associated with symbols of the United States and International Olympic Committees.


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