What is a Disclaimer in a Trademark?

A trademark disclaimer is a statement that is included in a trademark application or registration to indicate that the applicant does not claim exclusive rights to a portion of the mark. This is usually done when the mark includes words or symbols that are considered to be generic, descriptive, or geographic.

For example, if you are applying to register the trademark “The Best Shoes,” you may need to disclaim the word “shoes” because it is a generic term for footwear. This means that you would not have exclusive rights to use the word “shoes” in connection with your goods or services, but you would still have exclusive rights to use the mark “The Best Shoes” as a whole.

There are a few reasons why you might need to include a disclaimer in your trademark application. First, it can help to avoid confusion among consumers. If your mark includes a generic or descriptive term, consumers might mistakenly believe that you are claiming exclusive rights to that term. A disclaimer can help to clarify that you are only claiming rights to the mark as a whole.

Second, a disclaimer can help to prevent trademark dilution. Trademark dilution occurs when the use of a trademark weakens or blurs the distinctiveness of the mark. If your mark includes a generic or descriptive term, the use of that term by others could dilute the distinctiveness of your mark. A disclaimer can help to prevent this by clarifying that you do not claim exclusive rights to the generic or descriptive term.

If you are considering applying for a trademark registration, it is important to consult with an attorney to discuss whether you need to include a disclaimer. We at WINTER LLP can help you to understand the requirements for trademark registration and to determine whether a disclaimer is necessary in your case.

Here are some examples of trademarks that might require a disclaimer:

• Generic terms: These are terms that are commonly used to describe a particular type of product or service. For example, the term “shoes” is a generic term for footwear.
• Descriptive terms: These are terms that describe the qualities or characteristics of a product or service. For example, the term “comfortable” is a descriptive term for shoes.
• Geographic terms: These are terms that identify a particular place. For example, the term “New York” is a geographic term.

If you are unsure whether your trademark includes a generic, descriptive, or geographic term, give WINTER LLP a call today.