What is a Trademark Disclaimer?
Learn more about what a disclaimer means.
By Desirée Townsend
When the USPTO issues a disclaimer this means that a portion of your trademark is unregisterable and cannot be protected. In laymans terms, this means that elements of your trademark contain a word or words that are descriptive of either your goods or services.
An example would be STARBUCKS COFFEE. If the USPTO also gave Starbucks protection for the word "coffee," then no one would be able to use the word "coffee" in commerce. Here are some other examples of trademarks that were required to disclaim part of their mark:
REVOLVE CLOTHING (U.S. Reg. No. 6739944) - Disclaimed the word "Clothing" for coffee
STARBUCKS COFFEE (U.S. Reg. No. 2120653) - Disclaimed the word "Coffee" for coffee
IWAY SOFTWARE (U.S. Reg. No. 2812045) - Disclaimed the word "Software" for software
GETZ AUTOMOTIVE (U.S. Reg. No. 7216376) - Disclaimed the word "Automotive" for automobile repair services
HOT DOG HEAVEN (U.S. Reg. No. 3087322) - Disclaimed the words "Hot Dog" for restaurant services
KEYBANK PAYMENT ASSIST (U.S. Reg. No. 6507127) - Disclaimed the words "Payment Assist" for payment services
The disclaimed word is still part of your trademark, but you cannot claim exclusive rights in that word, because it is an 'unregistrable' component of an overall mark. A disclaimer does not physically remove the unregistrable portion from your mark or affect the appearance of your mark or the way you use it. It is merely a statement that the disclaimed words or designs need to be freely available for other businesses to use in marketing comparable goods or services.
If you are required to make a disclaimer by the USPTO, you will need to use the following statement in your response filing to the USPTO. Read more about satisfying a disclaimer requirement at the USPTO. Use quotation marks for disclaiming wording in the mark:
No claim is made to the exclusive right to use "______" apart from the mark as shown.
Example:
STARBUCKS COFFEE
No claim is made to the exclusive right to use "COFFEE" apart from the mark as shown.
If you have any questions regarding making a disclaimer statement, contact the USPTO at 1-800-786-9199, select option 1 for trademark information, then, option 5 to speak with a representative, or contact an attorney.
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