When can the U.S. Patent and Trademark Office require you to
make a disclaimer in your application to register a mark, what does
it mean, and when can you resist doing so?
When filing a trademark application, there are multiple
steps. If the examining attorney determines that there is an
issue, he or she will send an office action to the applicant. There
are many issues that may be raised in an office action that can
prevent a trademark from being registered. One of them is a
disclaimer requirement.
A disclaimer is a statement that the
applicant does not claim the exclusive right to use a descriptive,
generic, geographic, or otherwise unregistrable wording, design or
symbol apart from the mark as shown in the application. The
reason for the disclaimer is that anyone should be free to use that
component in other marks.