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Title 15 — Commerce and TradeRelease 119-73

§1056 Disclaimer of unregistrable matter

Title 15 › Chapter CHAPTER 22— - TRADEMARKS › Subchapter SUBCHAPTER I— - THE PRINCIPAL REGISTER › § 1056

Last updated Apr 6, 2026|Official source

Summary

The Director can require an applicant to give up any part of a trademark that can’t be registered. Giving up a part, including disclaimers made during examination, does not hurt the applicant’s current or future rights in that part or stop them from registering it later if it becomes distinctive for their goods or services.

Full Legal Text

Title 15, §1056

Commerce and Trade — Source: USLM XML via OLRC

(a)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.
(b)No disclaimer, including those made under subsection (e) of section 1057 of this title, 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1999—Subsec. (a). Pub. L. 106–113 substituted “Director” for “Commissioner”. 1988—Subsec. (b). Pub. L. 100–667 substituted “subsection (e)” for “paragraph (d)”. 1962—Pub. L. 87–772, 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 AmendmentAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–667 effective one year after Nov. 16, 1988, see section 136 of Pub. L. 100–667, set out as a note under section 1051 of this title. Repeal and Effect on Existing RightsRepeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under section 1051 of this title.

Executive Documents

Transfer of Functions

For

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. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1056

Title 15 — Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73