Major League Baseball's attempt to trademark "Play Ball" has struck out.
The United States Patent and Trademark Office denied MLB's application to trademark "Play Ball" for clothing, the USPTO wrote in a final action filing on Friday.
"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," the USPTO wrote in its denial.
The USPTO also wrote phrases "that merely convey an informational message are not registerable."
Messages left with the USPTO examining attorney, Major League Baseball and its trademark attorneys were not immediately returned.
MLB initially applied for the trademark in 2022. MLB has three months to ask for a reconsideration of the USPTO decision.
The USPTO used an example of "Drive Safely" not being able to be registered by car and car part companies because of its everyday usage about driving. The organization's refusal also said "Play Ball" is "commonly used to refer to cooperate or to start something" and is often used as an everyday slogan.
In the denial, the USPTO included multiple pages of dictionary definitions of "play ball" and tens of pages of various clothing companies using the phrase on T-shirts and other goods.
"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," said trademark attorney Josh Gerben of Gerben IP. "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."
Gerben said the rejection and public domain nature of phrases could depend on the class. Other companies have trademarked "Play Ball," including a food company for bubble gum, a minerals company for surfacing playgrounds and "The Play Ball" for the gala fundraiser for the Strong National Museum of Play in Rochester, New York.
"In this case they are saying that the phrase has become so ubiquitous and it has this underlying meaning," Gerben said. "For a clothing brand, the government doesn't think it's unique enough to be registered."
MLB does own a "play ball"-related trademark -- for "Play Ball Park," for baseball games and exhibitions held by pro baseball teams. MLB owns or has applied for around 200 active trademarks, including the MLB logo, the phrases "Take Me Out to the Ballgame," "Home Run Derby," and "Spring Training" for clothing.