Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
Structure West Virginia Code
Chapter 47. Regulation of Trade
Article 2. Trademarks in General
§47-2-3. Application for Registration
§47-2-4. Filing of Applications
§47-2-5. Certificate of Registration
§47-2-7. Assignments, Changes of Name and Other Instruments
§47-2-11. Fraudulent Registration
§47-2-13. Injury to Business Reputation; Dilution
§47-2-14a. Trademark Counterfeiting
§47-2-14b. Misdemeanor Trademark Counterfeiting; Penalty
§47-2-14c. Felony Trademark Counterfeiting; Penalty
§47-2-14d. Seizure, Forfeiture and Disposal
§47-2-15. Forum for Actions Regarding Registration; Service on Out-of-State Registrants
§47-2-19. Time of Taking Effect -- Repeal of Prior Articles; Intent of Article