USPTO Rejects MLB’s “Play Ball” Trademark Bid
The United States Patent and Trademark Office has officially denied Major League Baseball’s application to trademark the phrase “Play Ball” for use on apparel. In a final action filing, the agency determined the expression is too commonplace to warrant federal trademark protection.
A Failure of Distinctiveness
The decision concludes a multi-year review process. According to the filing, “Play Ball” is a “commonplace term, message, or expression widely used by a variety of sources that merely conveys an ordinary, familiar, well-recognized concept or sentiment.”
Federal law prohibits registering terms that serve as informational messages rather than identifiers of a specific commercial source. Because the phrase is ubiquitous in sporting, business, and social contexts, the agency ruled it cannot function as a unique brand indicator for clothing.
Contextual Limitations on Ownership
The rejection underscores the difficulty of claiming ownership over language that has entered common parlance. Trademark attorney Josh Gerben notes that success often hinges on the specific commercial class. While the USPTO blocked MLB’s attempt for clothing, other entities have successfully registered the phrase for products like bubble gum or specialized playground surfaces.
“In this case they are saying that the phrase has become so ubiquitous and it has this underlying meaning,” Gerben stated. “For a clothing brand, the government doesn’t think it’s unique enough to be registered.”
A History of Aggressive Enforcement
Major League Baseball has frequently sought broad trademark protections, often drawing scrutiny for its enforcement tactics against smaller organizations. The league’s history includes:
- Brooklyn Burger Joint: The league opposed a trademark application for a Brooklyn-based restaurant, citing potential confusion with the Los Angeles Dodgers, despite the team’s relocation from Brooklyn decades prior.
- Little League Disputes: MLB has historically challenged the use of team names by local youth leagues, despite such names being standard across amateur sports.
- Geographic Trademarks: The league previously attempted to trademark the names of cities where its teams operate.
- The Letter “W”: In one notable instance, the league opposed a finance company’s trademark application, arguing that two of its own franchises separately held rights to the letter “W.”
Protecting the Public Domain
The ruling reinforces a core principle: generic language must remain in the public domain. When a phrase becomes a universal descriptor—such as the command to start a game—it ceases to function as a source identifier.
By denying the application, the USPTO has prevented the league from securing exclusive rights to a term essential to the vernacular of sports. This decision ensures other apparel makers and organizations can continue to utilize the phrase without fear of legal challenge from the league.
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