When Verrica Pharmaceuticals tried to register a stylized “V” as a trademark, they probably didn’t expect to get caught up in something called “trademark mutilation.” But that’s exactly what happened—and it’s a great teachable moment for anyone applying to register part of a logo or brand name.
On April 23, 2025, the Trademark Trial and Appeal Board (TTAB) upheld a refusal to register Verrica’s stylized “V” design. The problem wasn’t about confusion or descriptiveness. It was about mutilation
Below, our friends from Trademark Lawyer Law Firm unpack what that means—and how you can avoid it.
What Is Trademark Mutilation
Trademark mutilation happens when an applicant submits a drawing of a trademark that leaves out essential parts of the mark as it is actually used in commerce. In other words, the USPTO says: “That’s not the whole trademark. You’ve chopped off part of it.”
Under USPTO rules, the mark shown in your application must be a “substantially exact representation” of how you’re using it on your product or in connection with your services. If the mark in your drawing is just a fragment of what’s shown on your packaging, labels, or website, it could be considered a mutilated version—and refused.
The Verrica Case
Verrica applied to register a stylized “V” with three colored dots. Their packaging and website showed this design, but only as part of the full word “VERRICA.” The “V” was styled and colorful, but it was the first letter in the full brand name—and it was always used that way.
Verrica argued that the “V” stood out and created a separate commercial impression.
But the TTAB disagreed. They said the stylized “V” was too integrated into the word “VERRICA.” There wasn’t enough separation or standalone use to make the “V” function as a trademark by itself. Therefore, carving it out and trying to register it on its own was considered mutilation.
Why It Matters
You may love your unique letter design, swoosh, or graphic element. But if it always appears embedded in a larger logo or word—and never stands alone in your branding—the USPTO might reject it as mutilation.
Here’s what the Board looks at:
- Does the element appear separately from the rest of the mark?
- Is there spacing or design treatment that sets it apart?
- Do consumers perceive it as a source indicator by itself?
If the answer to those is “no,” you risk refusal.
Tips To Avoid Trademark Mutilation
Use It Solo: If you want to register part of your logo—like a letter or design element—use it independently in commerce. Put it on tags, packaging, or digital platforms without the rest of the word or logo.
File It Right: The drawing you submit should match how the mark is used. If you’re registering just the “V,” your specimens must show that “V” being used by itself as a trademark.
Don’t Assume Stylization Is Enough: Color, font, or size won’t save a mark if it’s embedded in a word. It must create a separate and distinct commercial impression.
Submit The Full Mark (If Needed): If your stylized element doesn’t stand alone, consider registering the full composite mark instead.
Consider Dual Applications: If both the full name and the design element function separately as marks, file separate applications—with proper specimens for each.
Protect Your Trademark
Trademark mutilation isn’t about being harsh—it’s about clarity. The USPTO wants to ensure that the trademark you register matches what consumers actually see and associate with your brand. Verrica’s case is a textbook example of what happens when that alignment is off.
If you’re not sure whether your mark stands alone—or if your design element can be registered separately—it’s worth getting a professional review from a trademark litigation lawyer.