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A disclaimer is a statement that you include in your application to indicate that you do. Furthermore, the MCI decision states that the applicant may not disclaim the entire mark.MCI, 21 USPQ2d at 1538. The following article is a comprehensive discussion about trademark disclaimers, why it's needed, the different ways to use it, along with. Does a disclaimer mean that the entire mark is unprotectable? No, a disclaimer applies to a only a portion of the mark, and not the mark in its entirety. To submit a disclaimer, complete the Trademark Electronic Application System "Response to Office Action" online form. Frequently Asked Questions. Disclaimers are an inherent part of the trademark registration process. The disclaimer statement indicates that the applicant does not have the exclusive right to use that specific element of the trademark when standing alone.