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What Is a Trademark Disclaimer?

Feb 18th 2020 at 11:01 AM

What Is a Trademark Disclaimer?

If you are reading this, you likely have an office action that is requiring a trademark disclaimer.  The Examining Attorney at the Trademark Office will not allow your trademark application until you enter a disclaimer of a portion of the trademark or service mark.  A trademark disclaimer is a written statement that “disclaims” “exclusive rights” to “unregisterable content” in a “trademark registration”.

what is a trademark disclaimer

A trademark disclaimer is a written statement that “disclaims” “exclusive rights” to “unregisterable content” in a “trademark registration”.


Disclaimers protect the public’s First Amendment right to use generic or descriptive words.  Disclaimers deny trademark owners from claiming exclusive rights to these generic or descriptive words.

For more information on trademark disclaimers, visit our informative article here.

Disclaimer:  This information is for educational purposes, and is not intended to be legal advice. Each case turns on its own facts.  Please consult with an experienced trademark attorney.

EsquireTrademarks.com – Online Trademark Attorneys – What We Do:

  • Our trademark attorney, prepares and files trademark applications for clients throughout the United States and abroad.

  • We prosecute and defend trademark infringement and unfair competition actions in the Federal Courts throughout the United States and abroad.

  • We also prosecute trademark office actions and appeals before the United States Trademark Office.

  • We handle internet based trademark disputes and trademark, DMCA, and copyright takedowns.

  • We draw on our experience as trademark litigators to guide you through the trademark process.

  • We support businesses, law firms, and individuals by providing top notch legal services in intellectual property matters.

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