The Secretary may require an applicant to disclaim protection of an unregistrable component of a mark otherwise registrable. An applicant may voluntarily disclaim protection of a component of a mark sought to be registered.
Notwithstanding the foregoing, the disclaimer of an unregistrable component shall not prevent such component from acquiring secondary meaning in the future with all its rights, including access to the register.
Likewise, no disclaimer of a component shall impair the rights of an applicant over the mark registered in its entirety.
History —Dec. 16, 2009, No. 169, § 6.