Major League Baseball (MLB) was denied its request to trademark the term ‘Play Ball’ by the United States Patent and Trademark Office (USPTO) last week. The USPTO issued the ruling on Friday, stating that the term is a commonplace expression widely used by various sources, merely conveying an ordinary concept or sentiment.

USPTO Ruling

The USPTO cited dictionary definitions of ‘play ball’ and numerous companies that use the term for clothing, marketing, and other goods, highlighting its ubiquity. Additionally, the USPTO compared ‘play ball’ to ‘drive safely’, a term that car companies cannot trademark, as it merely conveys an informational message.

Trademark attorney Josh Gerben of Gerben IP explained that the key question in determining a trademark is whether consumers would automatically associate the term with the company applying for it. If the average consumer cannot make this connection, the argument is that the phrase is too general or commonplace for one company to own.

Gerben noted that trademarks related to ‘play ball’ have been issued to other entities, such as a bubble gum company, a minerals company, and an annual gala fundraiser, likely because they were not seeking to own the phrase itself and would use it in a highly specific way.

MLB initially applied for the trademark in 2022 and currently owns or has applied for around 200 active trademarks, including the MLB logo, ‘Take Me Out to the Ballgame’, ‘Home Run Derby’, and ‘Spring Training’ for clothing.

Original reporting: WPBF (Treasure Coast / Hearst) — read the source article.