Q: Trademark: What does "No claim is made to the exclusive right to use "XXXXX" apart from the mark as shown" mean?
Example. If someone has a registered trademark record for "blueberry" in Goods & Services for non-alcoholic fruit juice beverages; fruit juice; water beverages; vegetable beverages; plant-based beverages, drinks, fruit drinks; syrups for beverages, and the trademark in TESS displays an image of the word blueberry where the letter "e" is formed by a berry design, but the Disclaimer in the trademark states, "NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BLUEBERRY" APART FROM THE MARK AS SHOWN", can I still create products called Blueberry Tea, Blueberry Syrup, Blueberry Honey, etc. or does the owner of this particular trademark now own any use of the word blueberry? Are they just trademarking their particular design of the word blueberry with a berry for the letter “e”, and therefore it’s still safe to use that word in other product names? I am not interested in trademarking blueberry tea, blueberry syrup, etc., but just want to be able to use those product names legally.
A:
Disclaiming a term means you are giving up any rights to that portion. Basically you recognize that the term can not be a mark. You need to consult with an attorney but the marks you listed sound generic and therefore non protectable.
This is not legal advise.
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