THE Trademark: Part 2

A previous post detailed efforts by The Ohio State University to trademark the term “THE”, which it is currently using on t-shirts, baseball caps, and hats.

In September 2019, the U.S. Patent and Trademark Office initially rejected the trademark application in an Office Action finding that “THE” does not indicate its source and serves merely as a decoration:

“Registration is refused because the applied-for mark as used on the specimen of record is merely a decorative or ornamental feature of applicant’s clothing and, thus, does not function as a trademark to indicate the source of applicant’s clothing and to identify and distinguish applicant’s clothing from others.”

In its March 2020 response, Ohio State presented evidence showing that an emphasis on ‘THE Ohio State University’ has become “a permanent part of Ohio State’s culture”, and in fact, “THE has become shorthand for The Ohio State University and its academic missives and athletic services”. As a result, the university argues, the mark THE on these items of clothing is strongly associated with The Ohio State University and should be protected.

A decision is anticipated in 1-2 months.

As this example shows, the trademark application process can be long and complicated. For assistance with protecting your mark, contact our office today.