Josh Gerben Analyzes ‘Las Vegas Athletics’ Trademark Refusal for NPR

The Athletics recently received a refusal on its trademarks for ‘Las Vegas Athletics’ from the USPTO. The refusal claims that the trademarks are geographically descriptive and use a generic term term to describe athletes.

Trademark attorney Josh Gerben discussed the case with NPR. 

“It’s an odd name for a team to just call them the Athletics when they’re a bunch of athletes. And so, because it’s on that weaker end of the spectrum, they’re going to have a harder time getting the trademark registered,” says Gerben.

“Is it appropriate to give a monopoly on this general term to Major League Baseball and the Athletics? And that’s ultimately the decision the government has to make,” he explains.

But, Gerben is confident that the Athletics will eventually be able to register its trademarks. Once the team is is able to prove that its identity is the Las Vegas Athletics (through items like advertising and or by selling merchandise), it’ll receive its registrations, just like it did when it played in Philadelphia, Kansas City, or Oakland.

“So they’ve got time. I think they’re going to – you know, they’ve got pretty good lawyers. I think they’re going to be able to figure this one out.”

Listen to the full segment:

Source: Nam, Rafael. https://www.npr.org. “Why the A’s were denied a trademark to Las Vegas Athletics”. 8 January 2026.