LAS VEGAS (FOX5) — The United States Patent and Trademark Office has denied trademark applications for “Las Vegas Athletics” and “Vegas Athletics” a second time.
The USPTO issued the refusals Dec. 29, upholding an earlier decision that found the ownership group’s proposed marks are “primarily geographically descriptive” and “cannot be registered on the Principal Register.”
The examining attorney determined that the dominant portion of each mark refers to Las Vegas as a well-known geographic location. The remaining word “Athletics” lacks distinctiveness when applied to the goods and services listed in the applications, according to the USPTO.
The USPTO defined “athletics” as “activities such as sports, exercises, and games that require physical skill and stamina.” The office further found that the marks merely describe a professional sports team located in Las Vegas rather than functioning as “unique indicators of source.”
The Athletics ownership attempted to overcome the refusal by citing existing trademarks that include the word “Athletics.” The team holds registrations for Philadelphia Athletics, Kansas City Athletics, Oakland Athletics and a stylized Athletics logo.
The USPTO rejected that argument, stating that each trademark application must be evaluated on its own merits. Additionally, prior registrations do not bind the office to approve new applications, according to the decision.
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