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United States Patent and Trademark Office › Disclaimers › Trademarks

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Fenwick & West LLP

Federal Circuit Confirms: Prosecution History Disclaimer Applies to Design Patents Too

Fenwick & West LLP on

Many industries rely on design patents to protect the look and feel of their products—especially when aesthetics drive customer interest, brand identity, or market differentiation. In Top Brand LLC v. Cozy Comfort Company...more

International Lawyers Network

Should Disclaimers Always Be Made in U.S. Trademark Applications?

International Lawyers Network on

Suppose you have a pending U.S. trademark application for your trademark on goods or services for your business and a term or wording in the trademark is descriptive of your goods or services. During the examination of your...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - May 2020: One of These Things is Not Like the Other: Limiting Disclaimers Within Classes of Services

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

In a precedential decision earlier this month, the TTAB found that a disclaimer of a term is required as to all services in a Class if it is descriptive as to any services in that Class. This decision appears to contravene...more

Bradley Arant Boult Cummings LLP

Fighting for a Strong Mark by Resisting a Disclaimer Request: Short-Term Pain for Long-Term Gain - Intellectual Property News

Bradley Arant Boult Cummings LLP on

A strong brand is central to a successful food, beverage, hospitality, or retail business. Knowing this, you make every effort to choose a strong trademark and take all steps necessary to protect it, including retaining an...more

Ladas & Parry LLP

Significance of Disclaimers in U.S. Trademark Law

Ladas & Parry LLP on

In United States trademark applications, it is not uncommon for an Examining Attorney to issue a disclaimer requirement for descriptive portions of a mark. Disclaimers have particular significance in three steps of the...more

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