GUIDANCE FOR THE PROPER USE OF QUOTATION

MARKS IN THE DISCLAIMER FIELD

 

The standard format of a disclaimer statement is provided in the TradeUps data entry system and is printed in the Official Gazette entry and on the Registration Certificate for all marks carrying disclaimed matter.

 

“No claim is made to the exclusive right to use ___________ apart from the mark as shown.”

 

Wording to be disclaimed must be set apart from the text of the disclaimer by placing it within “quotation marks.” 

                                                    

I.    Where there is one unitary component of the mark to be disclaimed, quotation marks should be placed at the beginning and at the end of the disclaimer.

 

 

Mark:               FEMTO TECHNOLOGIES, INC.

 

Disclaimer Text:                       

 

No claim is made to the exclusive right to use TECHNOLOGIES, INC. apart from the mark as shown.

 

 

Mark:               ATLAST HEALTH CARE CENTERS

 

Disclaimer Text:

 

No claim is made to the exclusive right to use “HEALTH CARE CENTERS” apart from the mark as shown

 

II.   If there are several words in a mark which do not constitute a unitary expression, the disclaimer must identify the terms separately by using the connecting terms “and” or “or” between the terms being disclaimed.  The connecting terms should not be inside the quotation marks

 

 

 

 

 

Mark:

 

Disclaimer Text:

 

No claim is made to the exclusive right to use “SALON” or “PROFESSIONAL HAIR CARE FOR MEN AND WOMEN” apart from the mark as shown.

 

Mark:

 

 

Disclaimer Text:

 

No claim is made to the exclusive right to use “ADVANCED TECHNOLOGY” and “PROFESSIONAL CAR CARE” apart from the mark as shown.

 

Mark:

 

 

Disclaimer Text: 

 

No claim is made to the exclusive right to use “HEALTH NETWORK” and the Caduceus symbol apart from the mark as shown.

 

III. The description of visual elements is NOT to be placed in quotes.   Any additional wording to be disclaimed in the mark should be contained within quotation marks.

 

Mark: 

 

 

Disclaimer Text:

 

No claim is made to the exclusive right to use the representation of the outline of the state of New Mexico apart from the mark as shown.

 

 

Mark:

 

Disclaimer Text:

 

No claim is made to the exclusive right to use “MONTGOMERY COUNTY MARYLAND” and the outline of Montgomery County apart from the mark as shown.

 

 

Mark:

 

 

Disclaimer Text

 

No claim is made to the exclusive right to use “BRAKES” or the design of a brake rotor and caliper apart from the mark as shown

 

IV.  The written description of three dimensional representations of objects should not be placed  in quotation marks.

 

Mark:

 

Disclaimer Text:

 

No claim is made to the exclusive right to use the representation of the design of the grooves in the golf club head apart from the mark as shown.

 

Mark:

 

 

Disclaimer Text:

 

No claim is made to the exclusive right to use the configuration of the cardboard box and the design of jelly beans apart from the mark as shown.

 

V.  Generally, the words in the drawing must be entered between quotation marks in the exact form in which they appear.  EXCEPTION:  For marks which are misspelled, the correct spelling for the term(s) should be contained within the quotation marks.

 

            Mark:  ABC GAMES & TOYS

 

            Disclaimer Text:

 

No claim is made to the exclusive right to use “GAMES & TOYS” apart from the mark as shown

 

Mark:

 

HARVEST CHEWZ

 

Disclaimer Text:

 

No claim is made to the exclusive right to use “CHEWS” apart from the mark as shown.

 

 

Mark:

 

Disclaimer Text:

 

No claim is made to the exclusive right to use “CHEESESTEAK COMPANY” apart from the mark as shown.