MLB's “Play Ball” Trademark Application Denied

The United States Patent and Trademark Office (USPTO) issued a final action rejecting Major League Baseball’s (MLB) request to register “Play Ball” for clothing. The denial, filed on a recent Friday, says the phrase is a commonplace expression that does not function as a source identifier. MLB filed the original application in 2022 and has three months to seek reconsideration.

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U.S. trademark law requires a mark to distinguish the source of goods. The USPTO refuses marks that convey only an informational message or are widely used, citing dictionary definitions and prior rejections such as “Drive Safely” for automotive parts. The agency also cited the “Drive Safely” example as a prior rejection of a generic slogan.

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MLB holds about 200 active trademarks, including the MLB logo and phrases such as “Take Me Out to the Ballgame,” “Home Run Derby,” and “Spring Training.” It already owns “Play Ball Park” for events, but the clothing mark lies outside that portfolio.

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Both the USPTO and MLB declined further comment. The USPTO explained that the phrase is a generic term that does not function as a source identifier. MLB’s silence leaves its next steps uncertain.

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Trademark attorney Josh Gerben said a phrase must let consumers link it to a single source; otherwise it is “too general” for exclusive ownership. He noted the phrase’s ubiquity erodes distinctiveness, supporting the USPTO’s view.

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• ~200 active MLB trademarks.

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• USPTO cited multiple dictionary pages and “tens of pages” of clothing uses of “Play Ball.”

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• Application filed 2022; denial issued.

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MLB can petition for reconsideration within three months; if denied, it will rely on its existing “Play Ball Park” trademark and other branding.

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• “In this case, the applied-for mark 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,” — United States Patent and Trademark Office

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• “In theory, a trademark has to be capable of identifying the source of goods. If a consumer were to hear a particular phrase, they need to be able to associate that phrase or that name with a company that's making the product,” — Josh Gerben, Gerben IP

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• “If the average consumer can't do that, then the argument is that it's too general of a phrase or too commonplace of a phrase for one company to own.” — Josh Gerben, Gerben IP

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• “For a clothing brand, the government doesn't think it's unique enough to be registered.” — Josh Gerben, Gerben IP

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