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ARTICLE · 14 MAY 2025

What May Constitute A Trademark "Mutilation"

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If an element of a composite mark does not present a separate and distinct commercial impression, an application to register that element is said to be a "mutilation" of the mark and cannot be separately registered.

United StatesIntellectual Property
William Borchard
William Borchard

If an element of a composite mark does not present a separate and distinct commercial impression, an application to register that element is said to be a "mutilation" of the mark and cannot be separately registered.

Does the initial letter in the following mark create a separate and distinct commercial impression?

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Verrica Pharmaceuticals Inc. filed an application to register the stylized letter "V" with three small circles above it for pharmaceuticals and retail services. The drawing of the mark did not claim color as a feature of the mark.

1622692b.jpg

After the intent to use application was provisionally allowed, the Applicant submitted specimens showing the mark as used on packaging and a website as the first letter of its word mark VERRICA.

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