Businesses often want trademarks that can evolve over time—changing dates, locations, series numbers, or product versions. This desire leads many to consider filing what are known as phantom marks.
But in U.S. trademark law, phantom marks are one of the most common (and most frustrating) reasons for USPTO refusal. They appear simple, but they violate one of the core principles of trademark registration: a trademark must be a single, consistent source identifier.
Phantom marks matter because they highlight how the USPTO draws a hard line between what is protectable and what is too vague. They also explain why many businesses unintentionally choose marks that are unregistrable—even though the branding strategy behind them makes sense.
This guide breaks down:
- What phantom marks are
- Why USPTO rejects them
- Real case law
- Practical examples
- Alternatives that businesses can use
- How trademark search and strategy help you avoid rejection
If you’ve ever wondered “Can I trademark a slogan even if part of it changes?”, this guide gives you a complete, authoritative answer.
What Is a Phantom Mark?
A phantom mark is a trademark application that contains a variable or changeable element, meaning the mark could represent multiple possible versions instead of one fixed indicator. In other words, a phantom mark includes a placeholder—like a date, number, name, symbol, or location—that can change.
USPTO Legal Definition (TMEP Explanation)
According to the USPTO and the Trademark Manual of Examining Procedure (TMEP 1214):
A phantom mark is one that contains an element “subject to change,” which results in a failure to present a substantially exact representation of the mark.
A trademark application must represent exactly one mark, not a category of possible marks.
Examples of variable components:
- Dates: “SUMMER FEST 2023/2024/2025”
- Numbers: “TechPro Series 1/2/3”
- Locations: “I ❤️ [CITY NAME]”
- Names: “CUSTOM GIFTS BY [NAME]”
- Product versions: “EcoClean v1/v2/v3”
Any placeholder—whether shown with brackets, dashes, or implied variation—risks being viewed as a phantom element.
Why Are Phantom Marks Not Allowed Under USPTO Rules?
The USPTO rejects phantom marks for three major reasons:
Indefinite Scope
If the mark changes, the USPTO cannot determine:
- what the mark actually is
- how to classify it
- how to search for conflicts
A single application cannot cover 10,000 potential variations.
Consumer Confusion
If the public sees multiple versions of the mark, it becomes unclear:
- whether they come from the same company
- whether they are separate products
- whether the mark truly acts as a source identifier
Trademark law exists to prevent confusion—not create it.
Overly Broad Protection
A phantom mark would let a business monopolize every future variation without filing additional applications. That’s equivalent to getting many trademarks for the price of one.
Detailed Phantom Mark Examples
Below is a categorized set of examples—extremely helpful for ranking for “phantom mark examples”.
A. Variable Numbers
- “SUPERFIT SERIES 1/2/3”
- “Model 1000/2000/3000”
B. Variable Dates
- “BEST CARS 2024/2025/2026”
- “ANNUAL TECH EXPO 2023/2024”
C. Variable Locations
- “I ❤️ CITY NAME”
- “NYC/LA/MIAMI COFFEE FESTIVAL”
D. Variable Names / Personalization
- “GIFTS FOR [NAME]”
- “[CITY] BEER WEEK”
E. Variable Product Versions
- “BlueTech Series 1, Series 2, Series 3”
- “EcoTablet v10/v11/v12”
Why These Are Rejectable
Because each version is technically a different trademark, and the USPTO requires one application per distinct mark.
Real USPTO Case Law & Precedent
Here are the big three:
Dial-A-Mattress Operating Corp. (2001)
The applicant tried to register 1-800-MATTRESS but wanted protection for a variety of toll-free phone number formats.
Outcome: Refused — USPTO held the many possible number combinations made it a phantom mark.
Primo Water Corp.
The mark included a variable numerical component (“___-LITER”).
Outcome: Refused — the missing number meant the scope was not fixed.
Society of Health & Physical Educators
Applicant attempted to register a mark containing “SHAPE America ___”.
Outcome: Refused — the blank space was considered a placeholder for multiple versions.
Simple takeaway:
If your mark could be filled in differently each time, the USPTO will almost certainly consider it a phantom mark.
What the TMEP Says About Phantom Marks
Optimized for “TMEP phantom marks” and “USPTO phantom mark rule.”
The TMEP (particularly 1214 and 807.01) requires:
A “substantially exact representation” of the mark
The USPTO must see the complete mark, not a version that might change.
No placeholders allowed
Anything that substitutes a name, date, number, or location is treated as representing multiple marks.
The application must define exactly one mark
Anything implying multiple possible versions becomes unregistrable.
In essence, TMEP rules make phantom marks nearly always impossible to register in the U.S.
Are There Any Exceptions?
Rare, but worth noting.
1. When variation is extremely limited and predictable
Example: “100% Fresh!” where “100%” is not used as a variable but as part of a fixed phrase.
2. When the variable element is not source-identifying
SKU numbers, serial numbers, product codes inside packaging.
3. Internal tags or codes
Not used publicly → not trademarks → allowed.
4. Series Marks (allowed abroad, not in the U.S.)
Explained more fully below.
Bottom line:
Unless the variation is tiny and non-essential, USPTO refusals are nearly guaranteed.
Phantom Marks vs. Series Marks vs. Family of Marks
| Concept | Definition | Allowed in U.S.? | Notes |
| Phantom Marks | Contain variable elements | NO | Too broad, indefinite |
| Series Marks | Set of marks with minor differences | NO (U.S.) / YES (UK/EU) | U.S. requires separate applications |
| Family of Marks | Group of marks sharing a common prefix/suffix | YES | Must show real marketplace use |
Series marks are popular in the UK/EU (e.g., iPhone 12, iPhone 13)—but U.S. law does not recognize them.
Why Businesses Attempt Phantom Marks
Most businesses are not trying to trick the USPTO—they’re trying to be strategic.
Common motivations:
- They want to protect future versions of a product (“Series 1, 2, 3”).
- They want marketing flexibility (e.g., “Annual Expo 2024/2025/2026”).
- They want territorial variants (“I ❤️ Mumbai/Delhi/Goa”).
- They want to cover personalized or customizable merchandise.
Phantom marks feel convenient, but they run directly against USPTO’s requirement for absolute clarity.
Alternatives to Phantom Marks
Businesses have better, USPTO-compliant options:
1. File separate applications for each version
Time-consuming but legally solid.
2. Register the base mark
Protect the part that never changes.
Example: Instead of “BEST CARS 2024,” register BEST CARS.
3. Use a logo or stylized format
The graphic element may provide broader protection.
4. Build a family of marks
(E.g., BlueTech One, BlueTech Two, BlueTech Three)
5. Consider design marks for series
A fixed design + variable internal text sometimes strengthens protection.
These are all viable alternatives your readers will appreciate.
How a Proper Trademark Search Helps Avoid Phantom Mark Refusals
This is your soft service tie-in (search + monitoring).
A trademark search helps you:
Identify if the mark is too ambiguous
Many phantom marks fail because they’re unclear—not because of conflicts.
Confirm whether each variation is registrable
Each version may have different competitors or conflicts.
Avoid wasted filing fees
USPTO fees are non-refundable—even if refused.
Ensure the mark is distinctive and properly classified
Beyond phantom issues, a search flags descriptive or generic terms.
Most businesses filing phantom-like marks never realize the problem until they receive an Office Action. A pre-filing trademark search prevents that.
Can phantom marks be registered with the USPTO?
Generally no. The USPTO requires a fixed, single mark.
Why are variable marks refused?
Because they imply multiple marks within one application, violating TMEP rules.
What is an example of a phantom mark?
Marks like “I ❤️ CITY NAME” or “Tech Expo 2023/2024/2025” contain changeable elements.
What’s the difference between phantom marks and series marks?
- Phantom marks = single filing with variable element → not allowed
- Series marks = multiple related marks → allowed in UK/EU, not U.S.
How do I protect a mark with changing elements?
File separate applications, register the base mark, or build a family of marks.
Conclusion
Phantom marks look appealing because they offer flexibility and the promise of future-proof branding. But under U.S. trademark law, they are almost always unregistrable. The USPTO requires clarity, consistency, and a single fixed identifier.
If your brand includes changeable elements—dates, numbers, versions, locations—you need a clear trademark strategy.
A comprehensive trademark search, combined with proper filing guidance, ensures your investment is safe and your mark is protected the right way.
