What is a disclaimer?

A disclaimer is a statement that indicates that the applicant does not have the exclusive right to use a specific word of a trademark by itself. Disclaimers are required for composite trademarks (English translation=trademarks with more than one word or design marks with separate elements) for the portion of the trademark that is merely descriptive, generic, or geographic or it contains a company…

Read More


Trademarks, Goods and State Lines.

I don’t distribute my goods out of state. Can I still trademark my names? The short answer is YES! The Lanham Act (also known as the Trademark Act of 1946) is the federal statute that governs trademarks. Generally, the Lanham Act requires that a mark is used in interstate commerce before it may be registered as a federal trademark. Thankfully, interstate commerce is broadly defined.…

Read More


Clothing Trademarks – is your trademark a “brand identifier” or just a decoration?

Trademarks are used to identify products. A trademark tells you about the product (usually who made the product and a certain level of quality). In order to file a trademark for clothing, you have to use your trademark to identify the clothing as belonging to the trademarked brand and not as a decoration. Trademarks that are only decorative do not identify and distinguish goods and do not act as…

Read More