User:Suze115/sandbox/Trademark Disclaimer

Trademark Disclaimer

During prosecution of a trademark application in front of the United States Patent and Trademark Office, an applicant may voluntarily or upon request from an examiner, disclaim a portion of the trademark that is descriptive or generic. The USPTO's authority to allow and to require disclaimers was codified by Congress in the Lanham Act, 15 U.S.C. 1056 (the “Trademark Disclaimer Provision”). There is much debate as to the value of the USPTO having this authority and the legal significance of an applicant consenting to a disclaimer.