Founding Partner
The above video is from “IP in the News” on the Passage to Profit Show – Road to Entrepreneurship, a radio show and podcast syndicated on 30+ radio stations across the US sponsored by Gearhart Law, LLC. Find out more at: https://passagetoprofitshow.com/
The Trademark Everyone is Talking About
By Julia Rooney
Julia Rooney is a rising second-year J.D. Candidate and Law Student at New York Law School. She has spent the 2022 summer interning at Gearhart Law and exploring her interest in Intellectual Property.
Apple. Chapstick. Popsicle. Aspirin. Taser. Vaseline. – all singular words that are registered trademarks. And sure, those words are common, right? But, how about a word that is quite literally THE most frequently used.
Yes, “The.”
On Tuesday, June 21, 2022, The U.S. Patent and Trademark Office (USPTO) approved The Ohio State University’s request for trademarking the word “The.”
Ohio State’s win comes after several years before the USPTO. The University first pursued a trademark in August 2019, mere months after Marc Jacob’s application for the same word, and thus began the “THE” battle.
Marc Jacob’s is famously known for products like, “The Tote Bag” or “The Camera Bag”, even their “THE” cashmere sweater resells for up to $300.
Despite the fashion label’s notability, Ohio State still claims that their university and its brand has been routed on the article “the” on and off the football field.
Without either party budging, the two reached an agreement in April 2021 that allowed both of them to register for trademarks on the same word.
Did you really expect them not to share the wealth on the most popular word?
Now, Ohio State’s trademark is limited to use on clothing “being promoted, distributed, and sold through channels customary to the field of sports and collegiate athletics” while Marc Jacobs is limited to use on clothing “being promoted, distributed, and sold through channels customary to the field of contemporary fashion”.
As of June 2022, Ohio State’s trademark is as official as it gets. Even still, their ability to go after infringers is limited; they have no enforcement over companies using ‘the’ in standard cases. Their control is limited to only marks that would cause confusion: those in collegiate athletics.
Ohio State is proud of its traditions and embraces the “the” in its university name. Their stadium chants often put emphasis on the word, which will no doubt sound a little louder and prouder this fall.
Because, in the college football world, the Buckeyes might rank #5 but in the collegiate apparel, they’re THE best.