TTABlog Test: Is this Trademark Mutilation?

The USPTO refused to register the mark C SHARPE, in standard character form, for building construction and repair services, finding that the mark in the application drawing was not a "substantially exact representation of the mark as used on or in connection with the . . . services," as required by Trademark Rule 2.51(a). The mark as shown on applicant's specimen of use is depicted immediately below. What do you think? Mutilation or not? In re C-Sharpe Co., LLC, Serial No. 98269432 (May 29, 2025) [not precedential] (Opinion by Judge Mark A. Thurmon).

The Board pointed out that the applicable standards are "strict." However, although the mark shown on the application drawing must be a “substantially exact representation” of the mark in the specimen, "minor alterations" that do not create a new and different mark with a different commercial impression are acceptable. In re MN Apparel LLC, Serial No. 87876633, 2021 TTAB LEXIS 162, at *10 (TTAB 2021)

The Examining Attorney maintained that because the specimen showed a forward slash between the literal components of the mark, the drawing failed to "match" the use of the mark. The Board, finding it a "close question," disagreed:

The only difference is a forward slash in place of a blank space. We see nothing distinctive about the added forward slash. It is akin to a punctuation mark that does not alter the meaning or commercial impression of the mark as a whole.

The Board agreed with applicant that the drawing and the mark shown in the specimen create substantially the same commercial impression. "'Punctuation, such as quotation marks, hyphens, periods, commas, and exclamation marks, generally does not significantly alter the commercial impression of the mark.' TRADEMARK MANUAL OF EXAMINING PROCEDURE (TMEP) § 807.14(c) (Oct. 2018).” Peterson v. Awshucks SC, LLC, 2020 TTAB LEXIS 520, at *51 (TTAB 2020).

The Board acknowledged that adding punctuation can alter the meaning of a mark: for example, in the Guitar Straps Online case, the Board found that adding a question mark to GOT STRAPS changed the meaning of the words from a positive statement to a question. But here, the mark "creates substantially the same commercial impression with either a blank space or a forward slash between the two literal elements of the mark."

And so, the Board reversed the refusal to register.

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TTABlogger comment: Well, were you sharpe enough to get this right?

Text Copyright John L. Welch 2025.