Ohio State Thinks It Can Trademark The Word ‘The’

//Ohio State Thinks It Can Trademark The Word ‘The’

Ohio State Thinks It Can Trademark The Word ‘The’

Spread the word!

Ohio State has submitted an application with the U.S. Patent and Trademark Office to claim one of the most common words in the English language all for itself.

An application for “the” was sent to the office on Aug. 8 on behalf of the school, whose fans are constantly reminding people to call it THE Ohio State University.

The school already features the word on some of its athletic apparel, and it’s evidently very proud to be defined by literally the most frequently used word we have, according to the Corpus of Contemporary American English, which tracks these things.

The U.S. Patent and Trademark Office will most likely turn down Ohio State's application, according to Josh Gerben, a Washing

The U.S. Patent and Trademark Office will most likely turn down Ohio State’s application, according to Josh Gerben, a Washington trademark attorney.

A Washington trademark attorney, Josh Gerben, was first to bring attention to the school’s application over Twitter, where both “the” and “Ohio State University” became trending topics on Wednesday.

“Now, my prediction here is this application has issues out of the gate,” Gerben said in a video analysis on the proposal.

“In order for a trademark to be registered for a brand of clothing, the trademark must be used in a trademark fashion ― in other words, it has to be used on tagging or labelling for the products,” he said. “In this case, just putting the word ‘the’ on the front of a hat or the front of a shirt is not sufficient trademark use.”

The trademark office will probably turn down Ohio State’s application, Gerben predicted, giving its attorneys a chance to gather better examples to make its case.

“It’s a little surprising that the university would not have been a little bit more sophisticated in the specimens that they submitted with their applications here,” Gerben said. “It’s sort of Trademarks 101.”

A tip for Ohio State: If your school’s name was in a better order, a la the University of Michigan, this might not be such a sore point.

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2019-08-14T14:51:24-05:00August 14th, 2019|

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