Josh Gerben Discusses the USPTO’s Refusal of the ‘Las Vegas Athletics’ Trademark with Front Office Sports

The USPTO recently issued a refusal to register the trademarks ‘Las Vegas Athletics’ and ‘Vegas Athletics.’ This refusal is the second time the MLB team’s new trademarks were refused.

Trademark attorney Josh Gerben explained why the A’s applications were refused and how the team can still fight the refusal. 

The USPTO denied the applications, because it found that the marks were primarily geographically descriptive, meaning the name consists of generic sports terminology and the name of a well-known place.

“The examiner is taking this very literally,” Gerben tells FOS. “The USPTO is basically saying ‘if we give the team unfettered rights, then any youth or amateur athletics association in Las Vegas could suddenly be in violation of the trademark.’ It’s a weird result.”

Part of the issue is that A’s aren’t playing in Las Vegas yet, as the team’s new stadium is still being built. Because of that the team has been unable to prove that consumers associate ‘Las Vegas Athletics’ with a single source.

In a response, the A’s tried to point to the team’s history as the Athletics in Oakland, Philadelphia, and Kansas City, as well as the trademark registrations it owns around those names. However, the USPTO judges each trademark application on its merits, explains Gerben. This means that prior registrations do not guarantee that a new trademark will be registered.

“They don’t get the benefit of the Oakland Athletics trademark,” Gerben tells FOS. “It doesn’t just transfer that way.”

If the team’s trademarks are refused by the USPTO again, it could appeal to the USPTO’s Trademark Trial and Appeal Board, and then on to federal court if need be.

“They could appeal all the way to the Supreme Court,” Gerben says. He references a 2020 U.S. Supreme Court decision that allowed Booking.com to register its name as a trademark, despite the USPTO’s refusal for being generic.

“That’s expensive, though, and would take a lot of time,” Gerben tells FOS. “The path of least resistance is to keep these applications active until they start playing in Vegas or can prove the mark has acquired distinctiveness through use and consumer recognition.”

Source: Horney, Ben. https://www.frontofficesports.com. “Why the A’s Hit a Legal Snag Trademarking Their Las Vegas Name”. 6 January 2026.