Imagine one of the wealthiest sports leagues in the world deciding to trademark a phrase known by every schoolchild in the US. For nearly five years, Major League Baseball (MLB) attempted to register the iconic call “Play Ball!” as an exclusive brand for clothing and merchandise. However, the United States Patent and Trademark Office (USPTO) put a firm end to this ambitious story, giving the league a decisive “no.”

The Main Mistake: Everyone Knows the Phrase

Typically, the trademark registration process takes about nine months, but MLB’s saga dragged on from 2022. The reason is simple: from a legal standpoint, the idea was shaky from the very beginning.

The primary purpose of any brand or logo is to indicate who created the product. Seeing the golden arches immediately brings McDonald’s to mind. The phrase “Play Ball!”, on the other hand, has been used for decades by youth coaches, sports commentators, fans, and dozens of different baseball organizations.

Patent office experts explained that the phrase is merely a generic, everyday expression signaling the start of a game. It does not associate in people’s minds with a specific company or apparel brand, meaning it cannot belong to just one entity.

Is There a Chance for a Rematch?

The trademark office’s decision does not ban MLB from printing the text on T-shirts or caps. However, it deprives the league of a monopoly: any other apparel manufacturer has the exact same right to use the call out.

Formally, MLB still has three months to appeal the refusal. However, doing so would be a waste of time and money. The office’s objections are based on fundamental principles of intellectual property law, which sports lawyers are unlikely to overturn.

The Paradox of Trademark Law

The most ironic part of the story is that other companies peacefully own trademarks named “Play Ball.” For instance, it was registered by a firm that manufactures playground surfaces. And there is no contradiction here! For a construction materials manufacturer, the phrase “Play Ball!” is creative and unusual, whereas for a baseball league, it is merely a direct description of what they do every day.

It seems that this time, the sports giant will have to accept defeat: a phrase that belongs to all baseball fans could not be claimed as private property after all.

Founder of Research & Patent group Intectica, author of patent algorithms for solving problems in the pharmaceutical industry, patent attorney certified in all intellectual property objects (Patents, Design, TM), with education in chemistry and law, chief expert of the patent institution of Ukraine UKRPATENT (1997-2004). Member of international organizations, including ECTA, PTMG, UAM, lecturer and blogger.