U.S. Patent Office Denies MLB Trademark Application for 'Play Ball'

The United States Patent and Trademark Office denied Major League Baseball's application to trademark the phrase 'Play Ball' for clothing. ESPN reported that the USPTO issued its final action on Friday. The agency stated that the applied-for mark is a commonplace term widely used by a variety of sources that merely conveys an ordinary, familiar, well-recognized concept or sentiment.

It added that phrases that merely convey an informational message are not registerable, noting that 'Play Ball' is commonly used to refer to cooperate or to start something and is often used as an everyday slogan. The USPTO included multiple pages of dictionary definitions of 'play ball' and tens of pages of examples showing various clothing companies using the phrase on T-shirts and other goods.

MLB initially filed the application in 2022.

MLB owns the trademark 'Play Ball Park' for baseball games and exhibitions held by pro baseball teams. The organization 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.

Other companies have trademarked 'Play Ball' in different classes, including a food company for bubble gum and a minerals company for surfacing playgrounds.

'The Play Ball' is also trademarked for the gala fundraiser for the Strong National Museum of Play in Rochester, New York. Trademark attorney Josh Gerben of Gerben IP said the rejection reflects that the phrase has become so ubiquitous it carries an underlying meaning. He noted that for a clothing brand the government does not view the phrase as unique enough to register.