Ohio State University can not use the mark "the" and it's partly the fault of Marc Jacobs

CLEVELAND, Ohio – The word "the" does not belong to Ohio State University and is somehow the fault of Marc Jacobs, according to a letter sent by a US Patent and Trademark Office to the lawyers of the university.

The board rejected an attempt by Ohio's flagship university to register the word "the" to indicate its association with the school and its brand.

The letter quotes two reasons. The first is that the fashion line Marc Jacobs beat the university to perfection, looking for May 6 to mark "the" for its use on handbags, backpacks and other items. The state of Ohio did not apply until August 8th.

The other reason is that the use proposed by the state of Ohio on clothing "is only a decorative or ornamental element of the clothes of the plaintiff". .

The Patent and Trademark Office rejected Marc Jacobs' request to register the "the" mark on 28 August.

The letter is not the final action of the office and Ohio State has six months to respond. Otherwise, the application is dead.

OSU spokesman Ben Johnson said that Wednesday's letter was not unusual and that the university was reviewing its options.