Trademarks 101 · Disclaimers
A disclaimer is usually the easy one.
A disclaimer says you don’t claim the exclusive right to one part of your mark by itself. These are usually words that describe the product. The mark as a whole is still yours and enforceable.
If you read nothing else
- What it is
- A short statement in the record: “No claim is made to the exclusive right to use ‘COFFEE’ apart from the mark as shown.”
- Why it’s needed
- Some words in your mark might describe the goods, or are generic for them, and everyone in the trade needs to be free to use them.
- What you keep, and what you don’t
- Your rights in the mark as a whole, including the disclaimed word in its place within it. What you give up is the word on its own: in the example above, you couldn’t stop a competitor from using “coffee” in a different name, any more than Starbucks Coffee Company could stop Burning River Coffee.
- What it costs
- Usually nothing but a short response. It’s an administrative fix, and we include one with each application we file.
What usually gets disclaimed
Words
Ones that describe or name the goods.
- “COFFEE” in BLUE HERON COFFEE, for coffee
- Entity words like “INC.” or “LLC”
- A place name that says where the goods come from, like “CLEVELAND COFFEE”
When to push back
Not every request is proper, such as when:
- The word is suggestive, not descriptive
- It’s part of a singular phrase that has its own meaning
- It’s a play on words that doesn’t just describe your product
What we’ll do
Check the request
Whether the word really describes the goods, or whether it’s even worth arguing over.
Enter it, or argue
Most of the time we enter the standard wording and move on.
Stay the course
The application moves forward. Nothing about how you use the mark changes.
Read next
Or see every Trademarks 101 sheet.
This sheet is general information, not legal advice for your situation. Talk to us about yours.