1056. ( 6) Disclaimer of unregistrable matter

1056. ( 6) Disclaimer of unregistrable matter

This statute governs when an applicant for trademark registration may be required by the PTO to give up any ownership claims to certain words or other components of the mark as a condition of registration. Section b states that any disclaimer of a component will not prevent the applicant from later applying for a mark on the disclaimed material under the secondary meaning rule.

  1. Compulsory and voluntary disclaimers

    The Director may require the applicant to disclaim an unregistrable component of a mark otherwise registrable. An applicant may voluntarily disclaim a component of a mark sought to be registered.

  2. Prejudice of rights

    No disclaimer, including those made under subsection (e) of section 1057 of this title shall prejudice or affect the applicant’s or registrant’s rights then existing or thereafter arising in the disclaimed matter, or his right of registration on another application if the disclaimed matter be or shall have become distinctive of his goods or services.

Patent Copyright & Trademark
Patent, Copyright & Trademark: An Intellectual Property Desk Reference
ISBN: 1413309208
EAN: 2147483647
Year: 2003
Pages: 152

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