Key Takeaways

  • A trademark disclaimer clarifies that certain parts of a mark, usually descriptive or generic words, are not claimed as exclusive rights.
  • A third party trademark disclaimer is especially important in advertising and marketing to avoid implying endorsement or affiliation with another company’s brand.
  • Courts and the USPTO often require disclaimers to ensure consumer clarity and reduce the likelihood of confusion.
  • Businesses should avoid overly generic, misleading, or unnecessary disclaimers, which can weaken brand protection.
  • When using third-party trademarks in ads, disclaimers must be precise, visible, and truthful to minimize infringement risk.

What is a Trademark Disclaimer?

A trademark disclaimer is a statement placed in a trademark application or registration to show that the owner doesn't claim rights to a portion of the trademark, usually words considered to be generic, descriptive or informational. 

Why is a Trademark Disclaimer Important?

Disclaiming part of the text in a trademark application shows the United States Patent and Trademark Office that you are not requesting exclusive rights to a term that can't be registered according to law. If two companies are applying for similar trademarks, and your company disclaims the use of words that can't be registered, while the other company doesn't, the trademark office is more likely to approve your application. Also, a disclaimer can help courts make a decision in trademark disputes.

Third Party Trademark Disclaimers in Advertising

In addition to disclaimers used in trademark applications, many businesses must also consider third party trademark disclaimers when using another company’s brand name in marketing, product descriptions, or advertising. These disclaimers serve to clarify that the reference is purely descriptive and not intended to suggest endorsement, sponsorship, or official association.

For example, an electronics retailer advertising “compatible with Apple® devices” should include a disclaimer such as:“Apple® is a trademark of Apple Inc., registered in the U.S. and other countries. This product is not affiliated with or endorsed by Apple.”

Without such language, consumers may mistakenly assume a business relationship exists, which could expose the advertiser to infringement claims. Properly worded disclaimers reduce the risk of legal disputes while still allowing businesses to reference well-known brands for comparative or descriptive purposes.

Reasons to Consider Not Using a Trademark Disclaimer

There are times when the trademark office requests a disclaimer, but the company may want to refuse the request. For example, consider a business called Joe's Diner. Usually, "diner" is not a word a business can register. Also, there are many businesses that have "Joe" as part of their name. So Joe's Diner may likely refuse the trademark office's request for a disclaimer. Joe wants his diner to stand out from all the other businesses with "Joe" included in the name.  In these cases, an applicant should contact a trademark attorney for advice on how to proceed.

Using Words That Can't Be Registered

Some unregisterable words describe the type of business involved or help to distinguish the company from ones with similar names. The words may be generic, but necessary. In some cases, an applicant can claim that the mark is "unitary," meaning that the trademark as a whole (including generic or descriptive words) creates a single impression to consumers. In any case, a disclaimer does not remove the words from the proposed trademark.

Legal Standards for Disclaimers

The USPTO and courts apply specific standards to determine when a disclaimer is required:

  • Generic terms: Words that name the product or service itself (e.g., “coffee,” “shoes”) cannot be exclusively protected.
  • Descriptive terms: Words that describe a quality, function, or feature of the product often require disclaimers unless the mark as a whole has acquired distinctiveness.
  • Third-party marks: When referencing another company’s registered mark, businesses must use disclaimers to show no ownership claim is made and to avoid confusion.
  • International considerations: Some jurisdictions require broader disclaimers than the U.S., especially in comparative advertising, so businesses operating globally must ensure compliance across multiple regions.

Examples — How to Use a Trademark Disclaimer

Standard Third Party Disclaimers

  • All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
  • ABBEY ROAD and the ABBEY ROAD logo are trademarks of EMI (IP) Limited, used under license.
  • UDG is a trademark of UDG USA Inc. Registered in the U.S. and other countries and used with permission.

Develop a Strong Trademark

  • Use strong words in your trademark that are not a generic description of your products or your industry.
  • Use images that are unique. Do not use drawings that could point to a company selling similar products.

Best Practices for Third Party Trademark Disclaimers

When drafting a third party trademark disclaimer, businesses should follow best practices to ensure clarity and protection:

  1. Use clear, standard wording – Explicitly state that ownership of the trademark belongs to another entity.
  2. Avoid implying endorsement – The disclaimer should remove any suggestion of sponsorship or partnership.
  3. Be consistent – Apply disclaimers across websites, packaging, promotional materials, and digital ads when mentioning third-party brands.
  4. Make disclaimers visible – Place them in footnotes, product descriptions, or near the trademark use, not buried where consumers won’t see them.
  5. Review periodically – Trademark owners may update their guidelines for third-party use; review and revise disclaimers regularly to stay compliant.

Common Mistakes

What to Disclaim

  • Parts of your trademark that are generic, descriptive, or not unique.
  • Parts of your trademark that could infringe upon another company's registered trademark.
  • Parts of your business name that cannot be registered.

Too Generic

  • Do not design your trademark in a way that would cause some of the words to become generic descriptions of your product. Otis lost the trademark on its escalator by advertising the moving stairs as "the latest in elevator and escalator design." A court ruled that because Otis described its product in a generic fashion, competitors could do the same.

Too Much Information Included

  • Whoever files the application, disclaimers are common. Rejections occur most often when a mark owner files the application himself and includes too much material in the mark. They do occasionally arise, as well, when a trademark attorney files the application.

Pitfalls to Avoid with Trademark Disclaimers

While disclaimers are useful, businesses sometimes misuse them in ways that undermine legal protection:

  • Over-disclaiming: Adding disclaimers unnecessarily can weaken a company’s own rights by making it appear they are not asserting exclusivity over valuable parts of their mark.
  • Vague disclaimers: Ambiguous wording may not adequately protect against liability. Clear ownership statements are essential.
  • Assuming disclaimers cure infringement: A disclaimer does not excuse unauthorized use of another company’s trademark in a misleading or confusing way.
  • Failure to tailor disclaimers: Copy-paste language may not address specific industry risks or comply with international trademark laws.

Steps to File

The trademark office notifies trademark applicants when it determines that a disclaimer is needed.  To submit a disclaimer, complete the Trademark Electronic Application System "Response to Office Action" online form. 

Frequently Asked Questions

  1. What is a third party trademark disclaimer?
    It’s a statement clarifying that your business does not claim ownership of another company’s trademark and that no endorsement or affiliation exists.
  2. Do disclaimers prevent trademark infringement?
    Not entirely. While disclaimers help reduce confusion, they cannot protect against infringement if the overall use of the mark is misleading.
  3. When are trademark disclaimers required by the USPTO?
    They are required when parts of a mark are descriptive, generic, or otherwise non-protectable.
  4. Can disclaimers be used in international advertising?
    Yes, but the wording may need adjustment to comply with local trademark laws. Businesses should tailor disclaimers for each market.
  5. Should I consult an attorney before drafting disclaimers?
    Yes. Trademark attorneys can ensure disclaimers are legally sufficient and tailored to your business needs.

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