Mark function and use
Disclaimer Requirement — Trademark Office Action Guide
A disclaimer tells the public you do not claim exclusive rights in a descriptive or generic portion of your mark — only in the composite mark as a whole.
What the USPTO is saying
Certain words or elements in your mark are descriptive or generic. You must disclaim exclusive rights to those portions while maintaining your claim to the overall mark.
Why this issue is raised
Disclaimers preserve fair competition by ensuring no one monopolizes common descriptive language, while still allowing registration of distinctive composite marks.
How applicants typically overcome it
- Submit the required disclaimer in the exact format requested by the examining attorney.
- Argue the term is not descriptive in context if you believe disclaimer is unnecessary.
- Ensure the disclaimer covers only the specific elements cited, not the entire mark.
Related Office Action issues
Frequently asked questions
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