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Supreme Court Clarifies Trademark Disclaimer be Considered when Judging Trademark Infringement
A disclaimer is a statement that the trademark applicant or registrant does not claim the exclusive right to use a specified element or elements of the trademark. A disclaimer may be included in an application as filed or may be added by amendment in compliance with a requirement by the Intellectual Property Office.
The Supreme Court held in a trademark infringement civil case in 2021 that a disclaimer of a component of a composite mark amounts merely to a statement that, in so far as that particular registration is concerned, no rights are being asserted in the disclaimed component standing alone, but rights are asserted in the composite. The disclaimed component should be still taken into consideration when determining whether a dispute trademark is confusingly similar to the claiming trademark.