Ohio State formally trademarks 'THE' after long legal battle

IMG_0985by:Griffin McVeigh06/22/22

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After a long and lengthy legal battle with the United States Patent and Trademark Office, Ohio State has formally trademarked “THE.” The first application was submitted back in August 2019 and the trademark finally came through on Tuesday, June 21.

Ohio State has always wanted to be known as the top school in the state, with fans and media members calling them “THE Ohio State University” and even throwing Buckeyes in there as well, when discussing athletics. Now, Ohio State will have the right to “THE” on all athletic apparel.

“Clothing, namely, t-shirts, baseball caps and hats; all foregoing being promoted, distributed, and sold through channels customary to the field of sports and college athletics,” the trademark reads via Josh Gerben.

Originally, the USPTO refused the trademark application on Sept. 11, 2019, for two reasons. First, the trademark was considered “merely ornamental” and second, Marc Jacobs filed for the same thing several months prior.

Ohio State quickly opposed Mark Jacobs’ application, where the two parties eventually settled their dispute, with no terms being reported. From there, the Buckeyes had to clear up the “merely ornamental” problem with the USPTO.

“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,” Gerben said.

Gerben has posted a whole Twitter thread on the Buckeys’ entire process, which you can find here.

Now, the university will be able to sell merchandise saying “THE Ohio State University,” as their fans across the country already do. This will be a lucrative deal for the school especially as football head coach Ryan Day continues to accelerate the program forward, striving for another national championship.