Ohio State successfully registers trademark for the word ‘The’ on merchandise

When Ohio State announced its intentions to trademark the word “The” in 2019, most, including their rivals in Ann Arbor, mocked them.

But it actually happened.

According to trademark attorney Josh Gerben, the registration for the trademark came through on Tuesday. Ohio State officials have said they are looking to use the school’s formal name — The Ohio State University — on merchandise, while also “protecting” their brand.

Ohio State players and alumni are known to refer to their schools as “Thee Ohio State University,” particularly when NFL players introduce themselves as part of NBC’s “Sunday Night Football.”

As Gerben explains in a series of tweets, the process to acquire the trademark has been a long one.

The U.S. Patent and Trademark Office initially refused the trademark attempt, noting that it was ‘merely ornamental” and that the clothing company Marc Jacobs had filed an application for ‘THE’ several months earlier.

Ohio State and Marc Jacobs eventually settled their dispute, according to Gerben.

“While the terms of the settlement agreement were not disclosed, USPTO records indicate that Ohio State and Marc Jacobs agreed that they could BOTH own a registration for the word ‘THE.’” He wrote.

“After the settlement agreement was reached with Marc Jacobs in August 2021, it took until yesterday (June 21, 2022) for Ohio State to continue to clean up the ‘merely ornamental’ issue with the USPTO and go through the rest of the application process.”

Rick Van Brimmer, Ohio State’s assistant vice president for trademark licensing services, told the Columbus Dispatch that the agreement with Marc Jacobs was reached because they’re “staying in their lane.”

“They’re high-end apparel and accessories. We’re athletic-related, mostly leisure-wear items,” he said.

The Buckeyes plan on incorporating The Ohio State University into several new apparel and merchandise options in the future.