Compulsory and voluntary disclaimers
The Director may require the applicant to disclaim an unregistrable component of a mark otherwise registrable. An applicant may voluntarily disclaim a component of a mark sought to be registered.
Prejudice of rights
section 1057 of this titleNo disclaimer, including those made under subsection (e) of , shall prejudice or affect the applicant’s or registrant’s rights then existing or thereafter arising in the disclaimed matter, or his right of registration on another application if the disclaimed matter be or shall have become distinctive of his goods or services.
July 5, 1946, ch. 54060 Stat. 429Pub. L. 87–772, § 376 Stat. 769Pub. L. 100–667, title I, § 108102 Stat. 3938Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]113 Stat. 1536(, title I, § 6, ; , , ; , , ; , , , 1501A–583.)
Editorial Notes
Amendments
Pub. L. 106–1131999—Subsec. (a). substituted “Director” for “Commissioner”.
Pub. L. 100–6671988—Subsec. (b). substituted “subsection (e)” for “paragraph (d)”.
Pub. L. 87–7721962—, among other changes, provided that an applicant may voluntarily disclaim a component of a mark sought to be registered.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Pub. L. 106–113Pub. L. 106–113section 1 of Title 35Amendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under , Patents.
Effective Date of 1988 Amendment
Pub. L. 100–667section 136 of Pub. L. 100–667section 1051 of this titleAmendment by effective one year after , see , set out as a note under .
Repeal and Effect on Existing Rights
section 1051 of this titleRepeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under .
Executive Documents
Transfer of Functions
64 Stat. 1263For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.