The short answer
A disclaimer means you give up exclusive rights over a generic, descriptive or non-distinctive part of your mark. Under Section 14 of the Trademarks Act, 2009 the Tribunal may impose it as a condition of registration. The whole mark stays protected, but you cannot stop others using the disclaimed part.
Examples of disclaimers
- "SUN FRESH BAKERY": "Bakery" is generic for bakery goods
- A logo with a map of Bangladesh: the map is a common national symbol
- "BEST QUALITY RICE": "Best Quality" is descriptive
Disclaimer does not affect the proprietor's other rights. The owner still has full rights in "SUN FRESH BAKERY" as a whole.
With and without a disclaimer
| With disclaimer | Without disclaimer | |
|---|---|---|
| Scope | No exclusive right over the disclaimed part | Full rights over the mark as registered |
| Enforcement | Cannot stop separate use of the disclaimed part | Can enforce every element |
| Typical marks | Marks with generic or descriptive terms | Invented, distinctive marks |
| Public interest | Keeps common words free | n/a |
The best way to avoid a disclaimer is a coined, distinctive mark. See common objections.
Disclaimer questions
Does a disclaimer weaken my trademark?
No. It limits rights only in the disclaimed element.
Can I register without one?
Yes, if the mark is distinctive and has no descriptive parts, like a coined word.
Why are disclaimers required?
To keep generic words like "Bakery" available to all traders.
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