59.1-92.5 - Filing of applications. - Virginia Statutes

§ 59.1-92.5. Filing of applications.

A. Upon the filing of an application for registration and payment of theapplication fee, the Commission shall cause the application to be examinedfor conformity with this chapter.

B. The applicant shall provide any additional relevant information requestedby the Commission, including a description of a design mark, and may make, orauthorize the Commission to make, such amendments to the application as maybe reasonably requested by the Commission or deemed by the applicant to beadvisable to respond to any rejection or objection.

C. The Commission may require the applicant to disclaim any unregistrablecomponent of a mark otherwise registrable, and an applicant may voluntarilydisclaim any component of a mark sought to be registered. No disclaimer shallprejudice or affect the applicant's or registrant's common law rights thenexisting or thereafter arising in the disclaimed matter, or the applicant'sor registrant's rights of registration on another application if thedisclaimed matter is or has become distinctive of the applicant's orregistrant's goods or services.

D. Amendments to the application may be made by the Commission with theapplicant's consent.

E. If the applicant is found not to be entitled to registration, theCommission shall notify the applicant thereof in writing and of the reasonstherefor. The applicant shall have ninety days from the date of theCommission's notice to make a bona fide reply, or to amend the application,in which event the application shall then be reexamined. This procedure maybe repeated until (i) the Commission finally refuses registration of the markor (ii) the applicant fails to reply or amend within the specified period,whereupon the request for registration shall be deemed to have been finallyrefused.

(1998, c. 819.)