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.

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.
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.