What Is a Trademark Disclaimer and When Do You Need One?

What does a disclaimer actually do?

A disclaimer tells the USPTO and the public that you are not claiming exclusive rights to a particular word or phrase in your mark by itself — usually a generic or descriptive term. Your overall mark still registers and is still protected as a whole. For example, a bakery called "SUNRISE BAKERY" would likely disclaim "BAKERY," keeping rights to the full mark while leaving the ordinary word free for competitors.

When does the USPTO require a disclaimer?

The examining attorney requires a disclaimer when part of your mark is generic, merely descriptive, geographically descriptive, or otherwise unregistrable on its own. Refusing to enter a required disclaimer can block registration entirely. Voluntary disclaimers are also allowed if you want to preempt the issue. The disclaimer does not weaken protection for the distinctive parts of your mark.

Does a disclaimer weaken my brand?

Not meaningfully. You still own and enforce the mark as a whole; you simply cannot stop others from using the ordinary word by itself. Choosing a mark whose distinctive element carries the brand keeps your protection strong. Secure Mark USA can review your mark and handle any disclaimer the USPTO requests during filing.

Key takeaways

• A disclaimer sets aside exclusive rights to an unregistrable word within your mark.
• Your overall composite mark still registers and stays protected.
• The USPTO commonly requires disclaimers for generic or descriptive wording.
• Refusing a required disclaimer can block registration.
• Secure Mark USA files applications from $99 plus the $350-per-class USPTO fee.

Frequently asked questions