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If you run a business in Charleston
Charleston is the state capital, and the West Virginia Secretary of State, which registers trademarks and business names, lists the State Capitol Building in Charleston as its location. The Secretary of State’s Register a Trade Name (DBA) page covers any name a person or organization does business under other than the official name on its business registration record, and it takes trade name filings from individuals, sole proprietorships and general partnerships as well as from corporations and LLCs. An attorney can confirm which filing applies to your business before you file.
Brands, trade secrets and noncompetes
A West Virginia state trademark registration gives rights under state registration, separate from federal registration under 15 U.S.C. 1051 and from rights that come from using a mark. Under the state’s Uniform Trade Secrets Act, a claim must be brought within three years after the misappropriation is discovered or, with reasonable diligence, should have been discovered (W. Va. Code 47-22-6), and the federal Defend Trade Secrets Act, 18 U.S.C. 1836(b), applies when the secret is related to a product or service used in, or intended for use in, interstate or foreign commerce. West Virginia courts test a noncompete for reasonableness (Reddy v. Community Health Foundation of Man, 171 W. Va. 368 (1982)), and a separate statute limits physician noncompetes (W. Va. Code 47-11E-2), so an attorney should read the agreement and confirm the current rule before you rely on it. The West Virginia intellectual property attorneys page gives the statewide view.
What the United States District Court for the Southern District of West Virginia handles
A federal case filed in Charleston goes to the Southern District of West Virginia, though federal venue rules decide whether a particular dispute belongs there. The court lists its Charleston location as the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Suite 2400, Charleston, WV 25301.
The court lists Kanawha County cases as heard in the Charleston Division, which also covers Boone, Fayette, Logan, Mingo, Clay, Jackson, Lincoln, Nicholas, Roane, Wirt and Wood counties.
Patent claims can be filed only in federal court under 28 U.S.C. 1338(a), and federal venue rules decide which district hears a particular patent case, so an attorney should confirm the court before anything is filed. Federal time limits also apply in Charleston as elsewhere: patent damages cannot be recovered for infringement committed more than six years before the complaint is filed (35 U.S.C. 286), which limits damages rather than setting a deadline to sue, and a copyright claim is generally barred unless it is brought within three years of accruing (17 U.S.C. 507(b)).
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Local programs for owners
The West Virginia Small Business Development Center lists its Lead Center at the State Capitol Complex, 1900 Kanawha Boulevard, East, Building 3, Suite 200, Charleston, WV 25305, on wvsbdc.com.
In July 2023 the University of Charleston opened its Downtown Innovation Hub at the corner of Capitol and Lee Streets. At its opening, the hub brought together business coworking space, a business accelerator, and coaching and advising.
Facing an infringement dispute in Charleston? Find out where your matter stands.
Frequently Asked Questions
Which state office handles assumed name and trade name filings for a Charleston business?
The West Virginia Secretary of State, which registers trademarks and business names and takes trade name (DBA) filings, lists the State Capitol Building in Charleston as its location. Which filing applies depends on how the business is organized, so ask an attorney before you file.
Which federal court covers Charleston, and where is it?
The United States District Court for the Southern District of West Virginia holds court in Charleston. Its website lists the Robert C. Byrd United States Courthouse, 300 Virginia Street, East, Suite 2400, Charleston, WV 25301. Federal venue rules decide whether a particular dispute belongs there.
Which counties are in the Charleston Division?
Twelve, according to the court’s Judicial Districts by County page: Boone, Clay, Fayette, Jackson, Kanawha, Lincoln, Logan, Mingo, Nicholas, Roane, Wirt and Wood.
How does a West Virginia trademark registration fit with federal registration?
A West Virginia registration gives rights under that registration. Federal registration under 15 U.S.C. 1051 is a separate filing, and rights from using a mark can exist apart from both. An attorney can explain which registration fits your plans.
Where is the West Virginia Small Business Development Center in Charleston?
The WV SBDC website lists its Lead Center at the State Capitol Complex, 1900 Kanawha Boulevard, East, Building 3, Suite 200, Charleston, West Virginia 25305.
What did the University of Charleston’s Downtown Innovation Hub offer when it opened?
The hub opened in July 2023 at the corner of Capitol and Lee Streets, and at the opening it combined coworking space, an accelerator, and coaching and advising. Ask the hub what it offers today.
Talk to an attorney in the network
Each dispute turns on its own facts, so a general page like this one cannot settle your question. Readers in South Charleston, St. Albans or Nitro can read the pages written for those towns, and injury claims are covered on the Charleston personal injury page. If you want an attorney to review your situation, you can get matched with an intellectual property attorney.
