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June 2, 2025

Hello Reader,

When you apply for a trademark, one of the things the USPTO checks is whether your drawing matches how you actually use the mark. If it doesn’t—especially if you’ve carved out just a piece of the full brand name—you might get hit with a refusal for “mutilation.”

Yes, that’s a real trademark term. And it just tripped up a pharmaceutical company.

In In re Verrica Pharmaceuticals Inc., the company applied to register a stylized "V" with three dots above it, claiming it as a standalone trademark. But on their packaging and website, that “V” was part of the word VERRICA.

The USPTO refused the registration. The TTAB agreed.

Why?

Because the stylized “V” was not separate enough from the rest of the word.
🔸 There wasn’t enough spacing between the V and the letters “ERRICA”
🔸 The V didn’t appear by itself anywhere on the packaging or website
🔸 Even though the V was stylized and colored differently, it still functioned as the first letter of the full brand name

The Board explained: “Consumers will immediately understand the word to be ‘VERRICA’ with a stylized V as the first letter. Only looking at the V would require that we cast a blind eye on the rest of the word.”

That’s what trademark law calls mutilation—trying to register only part of a mark that isn’t perceived by the public as standing on its own.

Key Takeaways:

✅ Consistency is critical – If you want to register a single element (like a letter or design), you must actually use it that way—as a standalone source indicator.

✅ Spacing matters – If the element is part of a wordmark, it must be visually and conceptually distinct from the rest.

✅ Style ≠ separability – Just because something looks different doesn’t mean it functions separately in the eyes of consumers.

✅ Use what you file – Your drawing must be a “substantially exact” match of the mark as shown in your specimens.

The Bottom Line

If you’re trying to carve out a stylized element of your logo or wordmark for separate protection, be strategic—and make sure it’s being used that way in real life. Otherwise, you may end up with a rejection, and a wasted filing.

Keep Your Brand Safe and Protected,​
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J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. If you’ve ever wondered whether a stylized letter, icon, or part of your logo is registrable on its own, let’s take a closer look—before the USPTO tells you it’s been “mutilated.”

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