- Trademark Disclaimers Part II: Why Should I Be Concerned About a Disclaimer?Okay, so maybe you have to disclaim some word(s) in your mark. You may now ask – how does a disclaimer affect the mark? A disclaimer does not physically remove the word(s) from the mark or alter the appearance of the mark in any way. It is after all merely a statement that disclaims exclusive […]
- Trademark Disclaimers Part I: What is a Disclaimer?Disclaimers are an inherent part of the trademark registration process. So what are “disclaimers”? According to the USPTO, a disclaimer is when the applicant or registrant does not claim exclusive right over a specified element or elements of the mark in a trademark application or registration, but rather only over the entire mark as a […]
- Of Slurs and Square Roosters: The Strange World of Section 2(a) RefusalsWhat do an Asian-American rock band and a professional football team from Washington D.C. have in common? Both lost, or were refused, trademark registrations under Section 2(a) of the Lanham Act, which requires a trademark to be refused if it “[c]onsists of or comprises immoral,…, or scandalous matter; or matter which may disparage … persons, […]
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