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Back in 2019, Ohio State University tried to convince the United States Patent and Trademark Office to grant the school a trademark over the word “THE” for use in marketing t-shirts and hats. At the time, USPTO rejected the request given that it was completely stupid.
A lot has changed since 2019, and while the rank stupidity of this request hasn’t, USPTO reversed itself anyway, granting the application yesterday.
That’s Josh Gerben of the Gerben Law Firm explaining how we got here. Gerben laid out everything wrong with this application back in 2019, but identifies the crux of the change rests in Ohio State successfully convincing the government that “THE” isn’t merely ornamental (and settling a dispute with Marc Jacobs agreeing that they jointly own the word “the” so there’s that).
The grant is ludicrous from jump, but it gets worse when you note that the registration says “THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR.” There’s an almost plausible claim to the word conveying meaning when presented in Ohio State scarlet. Unmoored from school colors, the mark is just nuts.
Buckeye… nuts… get it? Never mind.
Will Ohio State take this grant and behave as responsible stewards of a uniquely stylized version of “THE”? That remains to be seen, but since they’ve previously sued the University of Oklahoma for merely using the letter “O” let’s just say the odds aren’t great.
Earlier: Ohio State Tries To Trademark The Most Common Word In The English Language
THE Obvious Conclusion To Ohio State’s Stupid Trademark Application
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.
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