§ 1056. — Disclaimer of unregistrable matter.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1056]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER I--THE PRINCIPAL REGISTER
Sec. 1056. Disclaimer of unregistrable matter
(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.
(July 5, 1946, ch. 540, title I, Sec. 6, 60 Stat. 429; Pub. L. 87-772,
Sec. 3, Oct. 9, 1962, 76 Stat. 769; Pub. L. 100-667, title I, Sec. 108,
Nov. 16, 1988, 102 Stat. 3938; Pub. L. 106-113, div. B, Sec. 1000(a)(9)
[title IV, Sec. 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A-
583.)
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.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999,
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out
as a note under section 1 of Title 35, Patents.
Effective Date of 1988 Amendment
Amendment 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 Rights
Repeal 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.
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,
Secs. 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.
