Is it possible to own a word? Ohio State University (OSU) boldly staked its claim, winning a contentious battle to trademark the seemingly ubiquitous word "the." This move, approved by the U.S. Patent and Trademark Office (USPTO) on Tuesday, June 21, 2022, has sparked debate across legal and academic circles, raising fundamental questions about intellectual property and the limits of brand ownership.

The university's triumph allows it to emblazon "the" on various clothing items within the realm of sports and college athletics, a seemingly trivial victory that belies a complex legal and financial strategy. Ohio State had initiated its pursuit of the trademark back in 2019, a move that drew considerable scrutiny and even ridicule. The university defended its position by stating, "Like other institutions, Ohio State works to vigorously protect its brand and trademarks," emphasizing the importance of safeguarding its identity in the marketplace.

The implications of this trademark extend beyond mere branding. Ohio State's trademark and licensing program is a significant revenue generator, contributing over $12.5 million annually to university scholarships and programs. The ability to control the use of "the" on apparel directly related to the university's athletic programs could further enhance this revenue stream.

The pursuit of this seemingly simple trademark has been anything but straightforward. Back in 2011, Ohio State's initial attempt to trademark "the" failed. The U.S. Court determined that for a trademark to be registered for clothing, it must be used in a trademark fashion, meaning it needs to clearly identify the source of the goods. Simply placing "the" on a garment was deemed insufficient to meet this requirement.

The university's efforts to protect its brand are not limited to registered trademarks. Ohio state trademarks are protected by law via state, federal and/or international trademark registrations and/or through common law. It is important to note that a trademark does not need to be registered for the university to prohibit others from using it or a confusingly similar mark.

Ohio State's journey to trademark "the" also involved a surprising twist: a parallel application from fashion designer Marc Jacobs. Both parties sought to trademark "the" for use on clothing, leading to a potential conflict. However, Ohio State and Marc Jacobs reached an agreement in August 2021, allowing both parties to use the branding. Ohio State later withdrew its opposition to Marc Jacobs trademark after the two sides came to an agreement, allowing Marc Jacobs application to continue. Should USPTO accept and register Marc Jacobs trademark application, then both Ohio State and Marc Jacobs will have a trademark for "the" to be used on clothing, the only difference being the former will put it on athletics. This agreement highlights the complexities of trademark law and the importance of negotiation in resolving disputes.

Josh Gerben, a trademark attorney and founder of Gerben Intellectual Property in Washington, D.C., has closely followed the Ohio State trademark saga. He notes that while the Buckeyes don't "own" the word "the" outright, their trademark is unique. The U.S. Patent and Trademark Office approved the request.

The Office of Trademark & Licensing Services plays a crucial role in managing and protecting Ohio State's brand. Established in 1982, its primary function was to register the trademarks and license the use of Ohio state trademarks on products for public consumption. This independent licensing program regulates, promotes, and protects the use of the universitys name and identifying marks, both on and off campus.

Understanding the scope of trademark protection is essential for anyone using Ohio State's name or logo. Uses of ohio states logo or trademark without permission. Fails to include the above disclaimer where required uses the logo to indicate the state university's approval, endorsement, or sponsorship of any of the organization's publications, activities, purposes, actions, or positions that are not sanctioned by the university. OSU has licensed trademarks for ohio state, osu, and buckeyes. Other schools like Michigan State University and the University of Michigan have separate name trademarks, said Beth. Per the USPTO, a trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. Its how customers recognize you in the marketplace and distinguish you from your competitors.

The Ohio State University (OSU) has been granted what many in our profession believe to be a silly, unenforceable trademark, having received a federal trademark registration for the word "the" for various clothing items in the field of sports and college athletics.

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