The Major League Baseball franchise formerly known as the Oakland Athletics would love to keep their name. So far, so good — even as the team bides its time in West Sacramento, playing out of the San Francisco Giants’ Triple-A ballpark.

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With a new ballpark scheduled to open on the Las Vegas Strip in 2028, the team has already applied to trademark the “Las Vegas Athletics” name.

Just one problem: the United States Patent and Trademark Office has now refused the trademark application twice, as first noted on the blog of intellectual property lawyer Josh Gerbin.

Writes Gerbin: “the team attempted to overcome the refusal by pointing to its ownership of multiple existing trademarks incorporating the word ‘Athletics,’ including registrations for Philadelphia Athletics, Kansas City Athletics, Oakland Athletics, and a stylized ‘Athletics’ logo. However, the USPTO rejected that argument, reiterating that each trademark application must be evaluated on its own merits and that prior registrations do not bind the Office to approve new applications.”

In other words, until there’s a baseball team playing in Las Vegas under the name “Athletics,” the case for the trademark falls short.

The A’s have a little time to make another attempt to trademark their name (or another name, if they ultimately must rebrand). For now, it’s one of many question marks owner John Fisher is staring down as he attempts to complete one of the most drawn-out relocation efforts in MLB’s long history.

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