TITLE 21. SECURITIES AND RETAIL FRANCHISING
STATE CORPORATION COMMISSION
REGISTRAR'S NOTICE: The State Corporation
Commission is exempt from the Administrative Process Act in accordance with §
2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the
Supreme Court, and any agency that by the Constitution is expressly granted any
of the powers of a court of record.
Proposed Regulation
Title of Regulation:
21VAC5-120. Virginia Trademark and Service Mark Act (amending 21VAC5-120-100).
Statutory Authority: §§ 12.1-13 and
59.1-92.19 of the Code of Virginia.
Public Hearing Information: A public hearing will be
scheduled upon request.
Public Comments: Public comments may be
submitted until 5 p.m. on August 31, 2009.
Agency Contact: Al Hughes, Registration
Chief, Securities Division, State Corporation Commission, Tyler Building, 9th
Floor, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9415, FAX (804)
371-9911, or email al.hughes@scc.virginia.gov.
Summary:
The proposed amendment
modifies the class of services with which a mark can actually be used, to
include services for providing food and drink; medical services; veterinary
services; hygienic and beauty care services; agricultural, horticulture, and
forestry services; legal services; security services for the protection of
property and individuals; and personal and social services rendered by others
to meet the needs of individuals. Additional minor revisions and updates are
also included.
AT RICHMOND, JULY 28, 2009
COMMONWEALTH OF VIRGINIA, ex
rel.
STATE CORPORATION COMMISSION
CASE NO. SEC-2009-00067
Ex Parte: In the matter of Adopting
a Revision to the Rules Governing
the Trademark and Service Mark Act
ORDER TO TAKE NOTICE
Section 12.1-13
of the Code of Virginia provides that the State Corporation Commission
("Commission") shall have the power to promulgate rules and
regulations in the enforcement and administration of all laws within its
jurisdiction. Section 59.1-92.19 of the Virginia Trademark and Service Mark Act
("Act"), § 59.1-92.1 et seq. of the Code of Virginia provides
that the Commission may issue any rules and regulations necessary or
appropriate for the administration and enforcement of the Act.
The rules and
regulations issued by the Commission pursuant to the Act are set forth in
Title 21 of the Virginia Administrative Code. A copy also may be found at
the Commission's website: www.scc.virginia.gov/case.
The Division of
Securities and Retail Franchising ("Division") has submitted to the
Commission proposed revisions to Chapter 120 of Title 21 of the
Virginia Administrative Code entitled "Rules and Forms Governing Virginia
Trademark and Service Mark Act" ("Rules").
Proposed
amendment to Rule 21 VAC 5-120-100 modifies the class of services with which a
mark can actually be used to include services for providing food and drink,
medical services, veterinary services, hygienic and beauty care services,
agricultural, horticulture and forestry services, legal services, security
services for the protection of property and individuals, and personal and
social services rendered by others to meet the needs of individuals.
The Division has
recommended to the Commission that the proposed revisions should be considered
for adoption with a proposed effective date of November 15, 2009. The
Division also has recommended to the Commission that a hearing should be held
only if requested by those interested parties who specifically indicate that a
hearing is necessary and the reasons therefor.
A copy of the
proposed revisions may be requested by interested parties from the Division by
telephone, mail, or e-mail request and also can be found at the Division's
website: www.scc.virginia.gov/srf. Any comments to the proposed rules must be
received by August 31, 2009. If a hearing is requested, the hearing
must be scheduled on September 29, 2009.
IT IS THEREFORE
ORDERED THAT:
(1) The proposed
revisions are appended hereto and made a part of the record herein.
(2) Comments or
requests for hearing on the proposed revisions must be submitted in writing to
Joel H. Peck, Clerk of the Commission, c/o Document Control Center, P.O.
Box 2118, Richmond, Virginia 23218, on or before August 31, 2009. Requests
for hearing shall state why a hearing is necessary and why the issues cannot be
adequately addressed in written comments. All correspondence shall contain
reference to Case No. SEC-2009-00067. Interested persons desiring to submit
comments electronically may do so by following the instructions available at
the Commission's website: http://www.scc.virginia.gov/case.
(3) If the Commission
grants any request for hearing in connection with the proposed amendments to
the Rules, it will enter a subsequent order scheduling the hearing on
September 29, 2009, and that order will be posted on the Commission's
website at http://www.scc.virginia.gov/case and on the Division's website at
http://www.scc.virginia.gov/srf. If no request for hearing is received,
the Commission may consider the matter and enter an order based upon the papers
filed herein.
(4) On or before
September 15, 2009, the Division shall file a response to any comments
that are filed in this proceeding and that response will be posted on the Commission's
website at http://www.scc.virginia.gov/case and on the Division's website at
http://www.scc.virginia.gov/srf.
(5) The proposed
revisions shall be posted on the Commission's website at
http://www.scc.virginia.gov/case and on the Division's website at
http://www.scc.virginia.gov/srf. Interested persons may also request a
copy of the proposed revisions from the Division by telephone, mail, or e-mail.
AN ATTESTED COPY
HEREOF, together with a copy of the proposed revisions, shall be sent to the
Registrar of Regulations for publication in the Virginia Register.
AN ATTESTED COPY
hereof shall be sent to the Division's Director, who shall forthwith provide
notice of this Order via U.S. mail and e-mail to any interested persons as he
may designate.
Part III
Classification of Goods and Services
21VAC5-120-100.
Classification of goods and services.
The application
for registration or renewal of registration of a mark shall identify the class(es)
class or classes of goods or services with which the mark is actually
being used. The following classes of goods and services are established for
convenience of administration of the Act:
Goods.
1. Chemicals used in
industry, science and photography, as well as in agriculture, horticulture and
forestry; unprocessed artificial resins; unprocessed plastics; manures; fire
extinguishing compositions; tempering and soldering preparations; chemical
substances for preserving foodstuffs; tanning substances; and adhesives
used in industry.
2. Paints, varnishes,
lacquers; preservatives against rust and against deterioration of wood;
colorants; mordants; raw natural resins; and metals in foil and powder
form for painters, decorators, printers, and artists.
3. Bleaching preparations
and other substances for laundry use; cleaning, polishing, scouring and
abrasive preparations; soaps, ; perfumery, essential oils,
cosmetics, hair lotions; and dentifrices.
4. Industrial oils and
greases; lubricants; dust absorbing, wetting and binding compositions; fuels
(including motor spirit) and illuminants; and candles, and
wicks for lighting.
5. Pharmaceutical, and
veterinary and preparations; sanitary preparations for medical
purposes; dietetic substances adapted for medical use, food for babies; plasters,
materials for dressings; material for stopping teeth, dental wax,;
disinfectants; preparations for destroying vermin; and fungicides,
and herbicides.
6. Common metals and their
alloys; metal building materials; transportable buildings of metal; materials
of metal for railway tracks; nonelectric cables and wires of common metal;
ironmongery, small items of metal hardware; pipes and tubes of metal; safes;
goods of common metal not included in other classes; and ores.
7. Machines and machine
tools; motors and engines (except for land vehicles); machine coupling and
transmission components (except for land vehicles); agricultural implements other
than hand operated; and incubators for eggs.
8. Hand tools and implements
(hand operated); cutlery; side arms; and razors.
9. Scientific, nautical,
surveying, electric, photographic, cinematographic, optical, weighing,
measuring, signalling, checking (supervision), life-saving and teaching
apparatus and instruments; apparatus and instruments for conducting,
switching, transforming, accumulating, regulating, or controlling electricity;
apparatus for recording, transmission or reproduction of sound or images;
magnetic data carriers, recording discs; automatic vending machines and
mechanisms for coin operated apparatus; cash registers, calculating machines,
data processing equipment and computers; and fire-extinguishing
apparatus.
10. Surgical, medical,
dental and veterinary apparatus and instruments; artificial limbs, eyes and
teeth; orthopedic articles; and suture materials.
11. Apparatus for lighting,
heating, steam generating, cooking, refrigerating, drying, ventilating, water
supply and sanitary purposes.
12. Vehicles; and
apparatus for locomotion by land, air, or water.
13. Firearms; ammunition and
projectiles; explosives, ; and fireworks.
14. Precious metals and
their alloys and goods in precious metals or coated therewith in
precious metals, not included in other classes; jewelry, precious stones; and
horological and chronometric instruments.
15. Musical instruments.
16. Paper, cardboard and
goods made from these materials, not included in other classes; printed matter;
bookbinding material; photographs; stationery,; adhesives for
stationery or household purposes; artists' materials; paint brushes; typewriters
and office requisites (except furniture); instructional and teaching material
(except apparatus); playing cards plastic materials for packaging
(not included in other classes); printer's type; and printing
blocks.
17. Rubber, gutta-percha,
gum asbestos, mica and goods made from these materials and not included in
other classes; plastics in extruded form for use in manufacture; packing,
stopping and insulating materials; and flexible pipes not of metal.
18. Leather and imitations of
leather, and goods made of these materials and not included in other classes;
animal skins; hides; trunks and travelling bags; umbrellas, parasols and
walking sticks; and whips, harness and saddlery.
19. Building materials
(nonmetallic); nonmetallic rigid pipes for building; asphalt, pitch and
bitumen; nonmetallic transportable buildings; and monuments, not of
metal.
20. Furniture;,
mirrors;, and picture frames; and goods (not included in
other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone,
shell, amber, mother-of-pearl, meerschaum and substitutes for all these
materials, or of plastics.
21. Household or kitchen
utensils and containers (not of precious metal or coated therewith);
combs and sponges; brushes (except paint brushes); brush-making materials;
articles for cleaning purposes; steelwool; unworked or semiworked glass (except
glass used in building); and glassware, porcelain and earthenware not
included in other classes.
22. Ropes, string, nets,
tents, awnings, tarpaulins, sails, sacks and bags (not included in other
classes); padding and stuffing materials (except of rubber or plastics); and
raw fibrous textile materials.
23. Yarns and thread threads
for textile use.
24. Textiles and textile
goods, not included in other classes; and bed and table covers.
25. Clothing, footwear, and
headgear.
26. Lace and embroidery;
ribbons and braid; buttons, hooks and eyes, pins and needles; and
artificial flowers.
27. Carpets, rugs, mats and
matting; linoleum and other materials for covering existing floors; and
wall hangings (nontextile).
28. Games and playthings;
gymnastic and sporting articles not included in other classes; and
decorations for Christmas trees.
29. Meat, fish, poultry and
game; meat extracts; preserved, dried and cooked fruits and vegetables;
jellies, jams, fruit sauces compotes; eggs, milk and milk
products; and edible oils and fats.
30. Coffee, tea, cocoa,
sugar, rice, tapioca, sago, and artificial coffee; flour and preparations made from
cereals, bread, pastry and confectionery; ices; honey; treacle; yeast;
baking powder; salt; mustard; vinegar; sauces (condiments); spices; and
ice.
31. Agricultural,
horticultural and forestry products and grains not included in other classes;
live animals; fresh fruits and vegetables; seeds;, natural plants
and flowers; foodstuffs for animals; and malt.
32. Beer, mineral and
aerated waters and other nonalcoholic drinks, fruit drinks and fruit juices; and
syrups and other preparations for making beverages.
33. Alcoholic beverages
(except beers).
34. Tobacco, smokers smokers'
articles; and matches.
Services.
35. Advertising; business
management; business administration; and office functions.
36. Insurance, financial
affairs; monetary affairs; and real estate affairs.
37. Building construction;
repair, and installation services.
38. Telecommunications.
39. Transport; packaging and
storage of goods; and travel arrangement.
40. Treatment of materials.
41. Education; providing of:
training,; entertainment; and sporting and cultural
activities.
42. Providing of food and
drink; temporary accommodation; medical, hygienic and beauty care; veterinary
and agricultural services; legal services; scientific and industrial research; computer
programming; services that cannot be placed in other classes Scientific
and technological services and research and design relating thereto; industrial
analysis and research services; and design and development of computer hardware
and software.
43. Services for providing
food and drink; and temporary accommodations.
44. Medical services;
veterinary services; hygienic and beauty care for human beings or animals; and
agriculture, horticulture, and forestry services.
45. Legal services; security
services for the protection of property and individuals; and personal and
social services rendered by others to meet the needs of individuals.
NOTICE: The forms used in
administering the above regulation are not being published; however, the name
of each form is listed below. The forms are available for public inspection by
contacting the agency contact for this regulation, or at the office of the
Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond,
Virginia.
FORMS
(21VAC5-120)
Form TM 1,
Application for Registration of a Trademark or Service Mark (eff. 7/98) 11/09).
Form TM 2,
Application for Renewal of Registration of a Trademark or Service Mark (eff. 7/98)
11/09).
Form TM 3,
Certificate of Name Change of an Applicant or Registrant (eff. 7/98) 11/09).
VA.R. Doc. No. R09-2017;
Filed July 29, 2009, 10:42 a.m.