Do We Need An Exception To The Exception?

Law360, New York (October 17, 2011, 1:18 PM EDT) -- In June, 2011, the U.S. Patent and Trademark Office hosted a public dialogue on trademark disclaimer practice. See www.uspto.gov/trademarks/. According to the USPTO, the dialogue was prompted by the significant time and resources that the Trademark Office and applicants expend addressing and supporting their positions with respect to disclaimers. Id.

One of the topics discussed during the dialogue was the "unitary mark" exception to the disclaimer requirement. Specifically, the Trademark Office sought feedback on the benefits and drawbacks of potentially eliminating the unitary mark exception to...
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