Athletics Trademark Bid Rejected by USPTO ahead of Las Vegas Move
Table of Contents
The Oakland Athletics’ attempt to trademark “Las Vegas Athletics” has been denied by the United States Patent and Trademark Office (USPTO), creating a potential hurdle for the team as it prepares to relocate to Las Vegas. the decision, rooted in the trademarkS descriptiveness, could impact the franchise’s ability to protect its branding and merchandise.
Why Was the Trademark Denied?
According to the USPTO, the term “Las Vegas Athletics” is “primarily geographically descriptive” and simply denotes the purpose and features of the team’s goods and services [USPTO]. This means the name doesn’t distinctly identify the baseball team as originating from a specific source. The USPTO filing stated that the application wasn’t sufficiently distinctive to warrant trademark protection.
Implications for the Athletics
The denial of the trademark presents several challenges for the Athletics. Without a registered trademark, the team may face difficulties in preventing the sale of counterfeit merchandise and unauthorized use of its name. This could lead to revenue loss and brand dilution. However, the team isn’t without recourse. they can appeal the decision or provide further evidence to demonstrate the name has acquired distinctiveness through critically important use and recognition.
A History of Relocation and Branding
The Athletics have a history of relocation, having previously been based in Philadelphia and Kansas City before settling in Oakland. While the team successfully trademarked “Oakland Athletics” and “Kansas City Athletics,” the USPTO steadfast that prior registrations do not automatically guarantee approval for the “Las Vegas Athletics” name. Each application is evaluated independently.
The Challenge of Establishing Distinctiveness
Trademark attorney Josh Gerben noted the unusual nature of the roadblock for a Major League Baseball franchise [Gerben Law]. He explained that because the team hasn’t yet begun playing games under the new name or in Las vegas, it lacks the “marketplace evidence” – such as sales figures, advertising spend, and consumer perception – typically used to overcome a descriptiveness refusal. This puts the Athletics in a difficult position, requiring them to demonstrate distinctiveness before fully establishing their presence in the Las Vegas market.
Current Status and Future Plans
The Athletics are currently playing temporary home games in Sacramento while awaiting the completion of their new stadium in Las Vegas. Construction is underway after the demolition of the Tropicana casino and hotel to make way for the new ballpark. The team received MLB approval for the move in 2023 after failing to secure a new stadium deal in Oakland.
Key Takeaways
- The USPTO denied the Athletics’ trademark application for “Las Vegas Athletics” due to its geographically descriptive nature.
- The denial could hinder the team’s ability to protect its brand and combat counterfeit merchandise.
- The Athletics can appeal the decision or provide additional evidence to demonstrate acquired distinctiveness.
- The team is currently playing in Sacramento while a new stadium is built in Las Vegas.