Future Proof Your Trademark With a Phantom Element

One of the fundamental principles of trademark prosecution is that the proof of trademark use must match the applied-for mark. So, for example, if the applied-for mark is 2025 BILL FERRELL EXCELLENCE IN AMATEUR RADIO AWARDS, then the mark in the proof of use must match. Proof of use showing the mark as 2024 BILL FERRELL EXCELLENCE IN AMATEUR RADIO AWARDS will not satisfy this requirement because the dates don’t match.

So what do you do if your trademark includes a date, word, or other designation that changes? You could spend a small fortune filing trademark applications that cover every variation. Or you could seek to register a trademark that includes a “phantom” element.

In these types of applications, the changeable or “phantom” element is represented by inserting a blank, or by using dots, dashes, underlining, or a designation such as “XXXX.” In Bill’s case, this would mean applying for 20XX BILL FERRELL EXCELLENCE IN AMATEUR RADIO AWARDS.

Here are some examples of trademark registrations that include phantom elements: