How to Register a Trademark in Virginia (2026)
Reviewed by DocDraft Legal Team · Virginia · Last updated August 12, 2026
In Virginia, state trademark and service mark registration is handled by the State Corporation Commission (SCC), not the Secretary of the Commonwealth, through its Division of Securities and Retail Franchising. The Virginia Trademark and Service Mark Act (Va. Code 59.1-92.1 et seq.) governs registration, which costs $30 per class and protects a mark only within the Commonwealth. A Virginia registration lasts five years and can be renewed in five-year increments. Most businesses that sell across state lines or online should register federally with the USPTO instead of, or in addition to, filing in Virginia.
Who handles trademark registration in Virginia?
Virginia is unusual in that trademarks are filed with the State Corporation Commission, not the Secretary of the Commonwealth. The SCC's Division of Securities and Retail Franchising acts as the registration depository under the Virginia Trademark and Service Mark Act (Va. Code 59.1-92.1 et seq.). A Virginia registration protects your mark only inside the Commonwealth.
How much does a trademark registration cost in Virginia?
The Virginia State Corporation Commission charges a non-refundable fee of $30 per class of goods or services, payable to the Treasurer of Virginia. That is far cheaper than the USPTO's $350-per-class federal fee, but a Virginia registration only gives you rights inside the Commonwealth, not nationwide priority.
How long does a Virginia trademark registration last?
A Virginia trademark or service mark registration is valid for five years from the registration date. You can renew it for additional five-year periods by filing Form TM 2 with a current specimen and the $30-per-class renewal fee. The renewal application must be filed within the six months before the registration expires.
Should I register in Virginia or with the USPTO?
If you sell across state lines or online, federal registration with the USPTO gives nationwide priority and the right to use the registered mark symbol. A $30 Virginia registration only covers use within the Commonwealth, so it mainly suits purely local businesses. Many owners file federally and skip the state filing entirely.
Virginia files trademarks with the SCC, not the Secretary of the Commonwealth
Virginia breaks from the common pattern where a Secretary of State runs the trademark registry. Here, the Virginia Trademark and Service Mark Act (Va. Code 59.1-92.1 et seq.) assigns the job to the State Corporation Commission (SCC), through its Division of Securities and Retail Franchising, which serves as the registration depository. Applicants use Form TM 1 to register and Form TM 2 to renew, paying $30 per classification made out to the Treasurer of Virginia. Registration lasts five years and renews in five-year increments, with renewal filed in the six months before expiration. Because the SCC also administers Virginia's securities and franchising rules, trademark filings sit inside a broader business-regulation agency rather than a records office. A Virginia registration reaches only within the Commonwealth, so it complements, rather than replaces, federal protection under the Lanham Act.
Relevant Laws
Virginia Trademark and Service Mark Act, Va. Code 59.1-92.1 et seq.
The state statute governing registration and protection of trademarks and service marks in Virginia, administered by the State Corporation Commission. Sets the framework for the five-year, renewable state registration.
Virginia SCC Trademark and Service Mark Registration
The State Corporation Commission's official page for state trademark filing, with Form TM 1 (application) and Form TM 2 (renewal), the $30-per-class fee, and filing instructions from the Division of Securities and Retail Franchising.
Virginia Uniform Trade Secrets Act, Va. Code 59.1-336 et seq.
Virginia's adoption of the Uniform Trade Secrets Act, providing injunctions and damages for misappropriation of trade secrets. Protects confidential business information that trademark registration does not cover.
Lanham Act (Trademark Act of 1946), 15 U.S.C. 1051 et seq.
The federal statute governing USPTO trademark registration, nationwide rights, and the likelihood-of-confusion standard. The route for protection beyond Virginia's borders.
Regional Variances
Virginia registration vs. federal registration vs. common law
Virginia (State Corporation Commission)
Filed with the SCC, not the Secretary of the Commonwealth, under Va. Code 59.1-92.1 et seq. $30 per class on Form TM 1; lasts five years, renewable in five-year increments. Protection is limited to the Commonwealth.
Federal (USPTO)
Nationwide priority, presumption of ownership, the registered mark symbol, and federal-court enforcement under the Lanham Act. $350 per class; lasts 10 years, renewable indefinitely.
Common law (use alone)
Rights arise automatically from use in Virginia, limited to your actual trading area. Free, but hardest to enforce and no registered-mark symbol.
Related Virginia business-IP statutes
Trade secrets (Va. Code 59.1-336 et seq.)
Virginia adopted the Uniform Trade Secrets Act, allowing injunctions and damages for misappropriation of confidential business information such as formulas, methods, and customer data.
Right of publicity (Va. Code 8.01-40)
A statutory claim when a person's name or likeness is used for advertising or trade without written consent, with both injunctive relief and damages available.
State term and renewal
Virginia's five-year term is shorter than the federal 10-year term, and renewals must be filed within the six months before expiration on Form TM 2 with the $30-per-class fee.
Suggested Compliance Checklist
Confirm Virginia use and identify classes
Before filing days after startingVerify the mark is actually in use in Virginia and list the classes of goods or services it covers. The SCC fee is $30 per classification, so class count drives your total cost.
Search Virginia and USPTO records
Before filing days after startingCheck SCC trademark records and the USPTO Trademark Search database for confusingly similar marks on related goods or services. A prior conflicting mark can block or later cancel your Virginia registration.
Complete Form TM 1 with a specimen
When ready days after startingPrepare the SCC Application for Registration (Form TM 1) with the owner name, mark drawing, goods or services, classes, first-use dates, and a specimen showing real use in commerce.
Pay $30 per class to the Treasurer of Virginia
At filing days after startingSubmit the non-refundable $30-per-class fee, payable to the Treasurer of Virginia, with Form TM 1 to the SCC Division of Securities and Retail Franchising.
Calendar the five-year renewal on Form TM 2
Within 6 months before expiration days after startingDocket the five-year expiration date and file Form TM 2 with a current specimen and the $30-per-class renewal fee during the six months before the registration lapses.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm Virginia use and identify classes | Verify the mark is actually in use in Virginia and list the classes of goods or services it covers. The SCC fee is $30 per classification, so class count drives your total cost. | - | Before filing |
| Search Virginia and USPTO records | Check SCC trademark records and the USPTO Trademark Search database for confusingly similar marks on related goods or services. A prior conflicting mark can block or later cancel your Virginia registration. | - | Before filing |
| Complete Form TM 1 with a specimen | Prepare the SCC Application for Registration (Form TM 1) with the owner name, mark drawing, goods or services, classes, first-use dates, and a specimen showing real use in commerce. | trademark-application | When ready |
| Pay $30 per class to the Treasurer of Virginia | Submit the non-refundable $30-per-class fee, payable to the Treasurer of Virginia, with Form TM 1 to the SCC Division of Securities and Retail Franchising. | - | At filing |
| Calendar the five-year renewal on Form TM 2 | Docket the five-year expiration date and file Form TM 2 with a current specimen and the $30-per-class renewal fee during the six months before the registration lapses. | - | Within 6 months before expiration |
Frequently Asked Questions
No. A registration under the Virginia Trademark and Service Mark Act only gives rights within the Commonwealth. It does not stop someone in another state from using a similar mark, and it does not carry the nationwide priority of a federal USPTO registration. For protection beyond Virginia you need to register federally under the Lanham Act.
The SCC uses Form TM 1, the Application for Registration of a Trademark or Service Mark, for new filings, and Form TM 2 for renewals. Both are filed with the Division of Securities and Retail Franchising, and each requires the $30-per-class fee payable to the Treasurer of Virginia along with a specimen showing use.
Yes. Virginia adopted the Uniform Trade Secrets Act, codified at Va. Code 59.1-336 et seq. It lets a trade-secret owner seek injunctions and damages for misappropriation, defining a trade secret as information that derives value from being secret and is the subject of reasonable efforts to keep it secret. This is separate from trademark law.
Yes. Va. Code 8.01-40 gives a person a claim when their name or likeness is used for advertising or trade without written consent, allowing both an injunction and damages. It is a statutory right rather than pure common law, and it can matter when a brand uses a real person's identity in marketing alongside its trademarks.
No. A Virginia business can complete Form TM 1 and file it with the State Corporation Commission without an attorney. Many owners still get legal help for a clearance search or when a mark is close to an existing one, because a rejected or conflicting mark can be costlier to fix than to avoid up front.
Other Virginia guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.