Ohio State University Manages to Trademark the Word "THE", How is it Possible?

 

Just the other week, Ohio State University seems to have ended a three-year-old rivalry, not with another university but with the USPTO itself. This began in 2019 when the OSU attempted to trademark the word “THE” challenging an application from the fashion company Marc Jacobs. The USPTO rejected this application not only based on the prior application but also by citing an "Ornamental" Refusal. This occurs when the word trying to be trademarked is considered merely to be an ornamental or decorative feature on the goods.

OSU then proceeded to reach an agreement with Mark Jacobs since they use “THE” on their high-end fashion merchandise, while Ohio State University aims to use it on athletic and casual clothes. This happened in August 2021, and it took almost another year for the OSU to convince USPTO that the word “THE” means more than an ornament on their t-shirts, hats, etc. With the trademark now registered, they will be finally allowed to use it and the Buckeye fans seem to love the news. This result occurred because the Ohio State University used the word “THE” in an attempt to move away from the OSU acronym, which is the same as that of Oregon State University and Oklahoma State University. OSU told the football players to be introduced as coming from “THE Ohio State University”. It’s estimated that the university's trademark and licensing program generates more than $12.5 million annually in revenue, which secures more funding for university programs and also student scholarships.

So, does this mean that we can now be accused of trademark infringement or have to pay royalties every time we use the word “THE”? Actually, no! While this case demonstrates that it is actually possible to trademark a very common word, this is only enforceable in the area the registration specifies. In this case, if OSU decides to enforce this trademark, you might be accused of infringement if it is used on sports or casual clothing.