Registration Of "Phantom Marks" Denied

"Phantom marks" are trademarks that contain a variable element, such as the mark T.MARKEY TRADEMARK EXHIBITION 2***, in which the asterisks represent elements that change to indicate different years. Trademark Manual of Examining Procedure (TMEP) § 1214.01 (Apr. 2017). While a phantom mark refusal would not be necessary in this example, the Trademark Office generally refuses the registration of phantom marks because they fail to "give adequate constructive notice to third parties as to the nature of the mark and a thorough and effective search for conflicting marks is not possible." TMEP § 1214.01. Additionally, phantom marks often result in the registration of more than one mark, violating the requirement that "a trademark application may only seek to register a single mark." Id. at § 807.01 (emphasis added).