Josh Gerben Analyzes MLB’s ‘Play Ball’ Trademark Refusal for ESPN

The USPTO has refused MLB’s trademark application to protect ‘Play Ball’ for a clothing line, stating that the phrase is too commonplace to be registered as a trademark.

Josh Gerben breaks down the refusal for ESPN. 

“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.”

Source: Rothstein, Michael. https://www.espn.com/. “MLB denied in bid to trademark phrase ‘Play Ball’”. 30 June 2026.