Disclaimer

In patent law, the giving up of anything beyond what the inventor truly invented. In trade-mark law: (1) The giving up of any unregistrable parts of a trade-mark — for example, descriptive language on a label — when seeking registration. The mark owner may, however, have common law rights in the disclaimed material, which still forms part of the mark. Disclaimers take effect on being recorded on the respective CIPO register. (2) A notice, such as "my business or trade-mark is not associated with firm X or mark X," that is designed to minimize confusion between two trade-names or trade-marks. A clear and prominent notice that achieves this goal may help to avoid a passing-off or trade-mark infringement action.