THE Ohio State University in Columbus, Ohio, was awarded a trademark for the word “THE” on Tuesday after a three-year legal battle that included a dispute with fashion brand Marc Jacobs.
The United States Patent and Trademark Office approved the trademark with a class 25 registration certificate, which allows the university to use the trademark on campus and sports-related clothing, including T-shirts, baseball caps, and hats, that is sold through the proper channels.
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“Ohio State is pleased to have received a trademark for THE on branded products associated with and sold through athletics and collegiate channels,” a spokesperson for the university told the Washington Examiner. “THE has been a rallying cry in the Ohio State community for many years, and Buckeye fans who purchase official Ohio State gear support student scholarships, libraries and other university initiatives. Like other institutions, Ohio State works to protect the university’s brand and trademarks because these assets benefit students and faculty, and support our core academic mission of teaching and research.”
The trademark does not specify a certain font, size, or color of the word, according to the certificate. The university will also be required to file a “declaration of use (or Excusable Nonuse)” in the fifth or sixth year following its approval, as well as an “application for renewal” between years nine and 10 after the registration date in order to keep its trademark.
The trademark, originally filed in 2019, was rejected by the USPTO multiple times for two main reasons — the trademark for the word was considered “ornamental,” and designer Marc Jacobs had also filed a trademark application for the word “THE” a few months earlier. However, the university proved the word was not only ornamental and came to a deal with Jacobs in 2021 that allowed both parties to register and use the word “THE” for branded products, the university said.
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The recent victory was not the first time the university faced a legal battle over a trademark. In 2019, the university battled two other trademark disputes over the use of the letter “O” in a battle with Oklahoma State and a New York-based sports company.
