Talk to a Trademark Attorney. Trademark applications may seem like simple form-filling but are complex legal processes involving multiple government agencies.The Virginia Code requires that a business name be distinguishable from the names of existing entities already registered or reserved within the state. In fact, all you have to do is go to the Clerk's Information System website and fill out a quick form. Discover the ultimate guide to naming an LLC in Virginia. Get tips and best practices to choose the perfect name for your new business venture. The Virginia Code requires that a business name be distinguishable from the names of existing entities already registered or reserved within the state. Common law trademarks are enforceable but subject to proof. A business can own these without going through the formal trademark registration process. Trademark protection is intended to safeguard brand identity and consumer trust while promoting fair competition in the marketplace.