May 10, 2017

Major League Baseball moves to strike out trade mark

Last week, Major League Baseball Properties (MLBP), of parent company Major League Baseball (MLB), opposed a US trade mark application for 'For Baseball Use Only', on the grounds that it is likely to deceive consumers into thinking that MLB is related to the applicant.

The applicant of the mark that has been opposed, Joshua Morell, filed the mark at the US Patent and Trademark Office (USPTO) in August last year. Trade mark applications designate classes which relate to the goods and services for which a mark is to be registered. Morell's trade mark was filed in class 25, covering clothing, footwear, and headgear.

MLBP cited the fact they use the marks 'Major League Baseball', 'MLB' and 'Baseball' in relation to a vast array of goods and services covering class 25 goods and have done so for a long time before Morrell filed his application.

According to World IP Review, Morrell stated that he has no intention of damaging the MLB brand but does not seem to think his marks bear any resemblance to MLB's marks. He has added that he has applied for the mark in relation to marks for a range of different sports including 'Marathon Use Only' and 'Running Use Only'. The opposition document can be found at the link here provided by World IP Review.

It will be interesting to see what the outcome of the Trade Mark Trial and Appeal Board will be.

If you have any questions on the above, please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or legal@mcdanielslaw.com.

Posted by: in: News, Trade Marks

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