Terms Used In Virginia Code > Title 59.1 > Chapter 6.1 - Registration and Protection of Trademarks and Service Marks

• Abandoned: means either (i) the discontinuance of use of a mark with intent not to resume such use (intent not to resume may be inferred from circumstances, i. See Virginia Code 59.1-92.2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means any person filing an application for registration of a mark under this chapter, and the legal representatives, successors, or assigns of such person. See Virginia Code 59.1-92.2
• Beach: means the shoreline zone comprised of unconsolidated sandy material upon which there is a mutual interaction of the forces of erosion, sediment transport and deposition that extends from the low water line landward to where there is a marked change in either material composition or physiographic form such as a dune, bluff, or marsh, or where no such change can be identified, to the line of woody vegetation (usually the effective limit of stormwaves), or the nearest impermeable man-made structure, such as a bulkhead, revetment, or paved road. See Virginia Code 28.2-1400
• board: means the board created pursuant to § Virginia Code 28.2-1400
• board: means a board created pursuant to § Virginia Code 28.2-1300
• Coastal primary sand dune zoning ordinance: means the ordinance set forth in § Virginia Code 28.2-1400
• Commission: means the Marine Resources Commission. See Virginia Code 28.2-100
• Commission: means the State Corporation Commission. See Virginia Code 59.1-92.2
• Commissioner: means the Commissioner of Marine Resources. See Virginia Code 28.2-100
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Continuance: Putting off of a hearing ot trial until a later time.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Donor: The person who makes a gift.
• dune: means a mound of unconsolidated sandy soil which is contiguous to mean high water, whose landward and lateral limits are marked by a change in grade from ten percent or greater to less than ten percent, and upon which is growing any of the following species: American beach grass (Ammophila breviligulata); beach heather (Hudsonia tomentosa); dune bean (Strophostyles spp. See Virginia Code 28.2-1400
• Governmental activity: means any of the services provided by Commonwealth or a county, city or town to its citizens for the purpose of maintaining public facilities, including but not limited to, such services as constructing, repairing and maintaining roads; providing street lights and sewage facilities; supplying and treating water; and constructing public buildings. See Virginia Code 28.2-1400
• Grantor: The person who establishes a trust and places property into it.
• Habitat: means those state-owned bottomlands, tidal wetlands and coastal primary sand dunes which are subject to regulation under Subtitle III of this title. See Virginia Code 28.2-100
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Mark: means any trademark or service mark registered in the Commonwealth or the United States Patent and Trademark Office, or entitled to registration under this chapter, whether registered or not. See Virginia Code 59.1-92.2
• Nonvegetated wetlands: means unvegetated lands lying contiguous to mean low water and between mean low water and mean high water, including those unvegetated areas of Back Bay and its tributaries and the North Landing River and its tributaries subject to flooding by normal and wind tides but not hurricane or tropical storm tides. See Virginia Code 28.2-1300
• Officer: means a member of the Virginia Marine Police. See Virginia Code 28.2-100
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public facilities: means (i) airports, landing fields, and air navigation facilities; (ii) educational facilities; (iii) flood control, bank and shore protection, watershed protection, and dams; (iv) hospital facilities; (v) judicial and court facilities; (vi) correctional facilities, including jails and penitentiaries; (vii) library facilities; (viii) military installations; (ix) parks so designated by the Commonwealth or by the locality in its comprehensive plan; (x) properties of historical significance so designated by the Commonwealth; (xi) law enforcement, fire, emergency medical, and rescue facilities; (xii) sanitary sewer, water or stormwater facilities; (xiii) transportation facilities including highways, roads, streets, and bridges, traffic signals, related easements and rights-of-way, mass transit, ports, and any components of federal, state, or local transportation facilities; (xiv) waste management facilities for hazardous, radioactive, or other waste; (xv) office facilities occupied by a public corporation; and (xvi) such other facilities that are necessary to the construction, maintenance, or operation of a public facility as listed in clauses (i) through (xv) and directly related thereto. See Virginia Code 1-219.1
• Quorum: The number of legislators that must be present to do business.
• Registrant: means any person to whom the registration of a mark under this chapter or prior law is issued, and the legal representatives, successors, or assigns of such person. See Virginia Code 59.1-92.2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Service mark: means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the services of such person from the services of others. See Virginia Code 59.1-92.2
• Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
• sworn: means "affirm" or "affirmed. See Virginia Code 1-250
• Testator: A male person who leaves a will at death.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• Trade name: means any name used by a person to identify a business or enterprise. See Virginia Code 59.1-92.2
• Trademark: means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person from those manufactured or sold by others. See Virginia Code 59.1-92.2
• United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
• Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Virginia Code 59.1-92.2
• Wetlands: means both vegetated and nonvegetated wetlands. See Virginia Code 28.2-1300
• Wetlands zoning ordinance: means the ordinance set forth in § Virginia Code 28.2-1300