The Ohio State trademark application for "The" still has life

The US Patent and Trademark Office is perhaps the only one able to defeat the state of Ohio this year. It's the university's request to have the word "The" registered on Wednesday.

The US Patent and Trademark Office (USPTO) rejected the Ohio State's very restrictive application of the "The" mark before the university's name in the sale of clothing and merchandise. For years, the state of Ohio was dubbed "Ohio State University" when introducing players into the NFL's national broadcasts, creating a movement that was adopted by fans and the sports department itself. The inclusion of the article before the name of the university has always been flouted but loved by Buckeye Nation.

Josh Gerben, a trademark attorney who has represented over 4,000 trademark cases, said the USPTO's refusal of the application was clear and simple.

"First, the apparel company Marc Jacobs filed an application for" The "prior to the Ohio State filing. If the application of Marc Jacobs was finally to register, the [Patent and Trademark Office] concluded that it would probably block the Ohio State's bid, "Gerben told FOX Business.

"Second, the [Patent and Trademark Office] noted that the State of Ohio did not use the word "The" as a mark. In other words, Ohio State does not use the word "The" as a mark. It's all about using the word "The" ornamentally on the front of a shirt and a hat. "

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The university has had success with other original trademarks over the years. Former Ohio State coaches such as Urban Meyer and Woody Hayes received their brand name.

The word "The" had to apply only to the sale of clothing and other retail products. It was not a white card of the word in all circumstances and in perpetuity.

But the fact that Wednesday's decision was thwarted does not mean that the State of Ohio can not – and will not – proceed in its trademark application for that specific word. Gerben sees them being able to go ahead and eventually give up the mark.

"Ohio State University is very alive. (Brand pending).

"The candidacy of the university is always topical. At this point, they could work to develop better labels and labels for clothing, "said Gerben.

"This would help the university avoid the refusal to not have the" right to use the mark "of the word" The ". In addition, Marc Jacobs trademark application has its own problems – the [Patent and Trademark Office] found that Marc Jacobs did not use the word "The" correctly on his clothes. Therefore, if Marc Jacobs' application is not approved and the university reworked the labeling of shirts and hats, it is quite possible that the [Patent and Trademark Office] could still approve this mark for registration. "