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what does this mean?
- Thread starter Julio
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It means that the stuff in quotes, apart from the mark as a whole, cannot be claimed by them as a trademark.
When you see it as the claimed mark in a UDRP case, it means you have major morons on your hands:
http://www.cpradr.org/ICANN/icanndecisioncpr0601-060302.pdf
In viewing the effect of disclaimers, the US Circuit Court of Appeals for the Eleventh Circuit in Lone Star Steakhouse & Saloon, Inc. v. Longhorn Steaks, Inc., 41 U.S.P.Q.2d 1896 (CA11 1997) stated at page 1902, quoting from McCarthy on Trademarks and Unfair Competition (3d ed. 1992) at § 19.20 [1]:
'The disclaimer does not have the effect of removing from the registered mark the matter disclaimed. It disclaims only a claim that the federal registration gives an exclusive right in those disclaimed words or symbols per se. That is, the applicant is merely stating that he is claiming only the whole composite mark as his property, and makes no claim to those particular portions disclaimed'. "
You can probably learn a lot more about why & when the disclaimer was required by reading the file history of the registration in question, which you can access from the USPTO site under the "documents" link from the trademark section.
Typically, the disclaimer is required for a generic word within a compound mark relating to that class of goods.
When you see it as the claimed mark in a UDRP case, it means you have major morons on your hands:
http://www.cpradr.org/ICANN/icanndecisioncpr0601-060302.pdf
In viewing the effect of disclaimers, the US Circuit Court of Appeals for the Eleventh Circuit in Lone Star Steakhouse & Saloon, Inc. v. Longhorn Steaks, Inc., 41 U.S.P.Q.2d 1896 (CA11 1997) stated at page 1902, quoting from McCarthy on Trademarks and Unfair Competition (3d ed. 1992) at § 19.20 [1]:
'The disclaimer does not have the effect of removing from the registered mark the matter disclaimed. It disclaims only a claim that the federal registration gives an exclusive right in those disclaimed words or symbols per se. That is, the applicant is merely stating that he is claiming only the whole composite mark as his property, and makes no claim to those particular portions disclaimed'. "
You can probably learn a lot more about why & when the disclaimer was required by reading the file history of the registration in question, which you can access from the USPTO site under the "documents" link from the trademark section.
Typically, the disclaimer is required for a generic word within a compound mark relating to that class of goods.
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What I mean, is that if you click the "TDR" button on the USPTO record, you will find more reading material, including this statement by the USPTO while processing the application:
Disclaimer
The applicant must disclaim the descriptive wording “HIKE” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The wording is merely descriptive because it describes a characteristic or feature of the applicant’s goods and/or services.
The computerized printing format for the Office’s Trademark Official Gazette requires a standardized format for a disclaimer. TMEP §1213.08(a)(i). The following is the standard format used by the Office:
No claim is made to the exclusive right to use “HIKE” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
Disclaimer
The applicant must disclaim the descriptive wording “HIKE” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The wording is merely descriptive because it describes a characteristic or feature of the applicant’s goods and/or services.
The computerized printing format for the Office’s Trademark Official Gazette requires a standardized format for a disclaimer. TMEP §1213.08(a)(i). The following is the standard format used by the Office:
No claim is made to the exclusive right to use “HIKE” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
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Oy....
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