Title 15, Commerce and TradeRelease 119-110
§1056 Disclaimer of Unregistrable Matter
Title 15 › CHAPTER 22 — TRADEMARKS › SUBCHAPTER I — THE PRINCIPAL REGISTER › § 1056
Summary
Trademark officials can require or allow disclaimers of unregistrable parts of a mark. Disclaimers, including under related rules, do not hurt present or future rights in that part or stop later registration if it becomes distinctive.
Full Legal Text
Title 15, §1056
Commerce and Trade, Source: USLM XML via OLRC
(a)Compulsory and voluntary disclaimers
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)Prejudice of rights
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
Sep 22, 2026
Release point: 119-110