Miami, FL asked in Intellectual Property and Trademark for Florida

Q: Trademark certificate has Disclaimer what does it mean?

Trademark certificate states:

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE THE FOLLOWING APART FROM THE MARK AS SHOWN: “beautifying skin solutions”

What does this mean?

2 Lawyer Answers

A: A trademark disclaimer indicates that a registrant does not claim an exclusive right to specific elements of the mark. For instance, while the mark is registrable as a whole, it may contain descriptive elements that would not be registrable by itself; and the registrant cannot prevent other businesses from using those disclaimed words in their trademarks.

A: That means you can't stop others from using the generic words except when selling the goods you sell when using the same or similar trademark phrase.

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