"THE" Trademark

The Ohio State University – formally called The Ohio State University since 1878 to stand out from other Ohio schools – have successfully registered a trademark for the word "THE". 

In a June 21, 2022 certificate from the US Patent and Trademark Office obtained by local news channel WCMH, Ohio State were granted permission to use the definite article, one of the most common words in the English language on certain articles of clothing. The color, size, or font style of "THE" does not matter. 

In a statement shared with Insider, Ohio State said they were "pleased" with the decision and said the trademark will cover branded items "associated with and sold through athletics and collegiate channels". 

The spokesperson said Ohio State make $12.5 million in annual revenue from the university's trademark and licensing program – money the spokesperson said goes to "scholarships and university programs". 

Ohio State originally filed to trademark "THE" in 2019, and it was initially rejected after fashion designer Marc Jacobs beat the school to the punch. The university and Marc Jacobs later reached an agreement in 2021 to allow them both to use the word. 

The former is well-known for fervently protecting anything relating to their image. An NBC4 report in 2019 turned up 216 pages in letters that the university’s attorneys had sent to people and companies about their indicia being used without authorization. 

Josh Gerben, a trademark attorney who tweeted a thread about the certificate, told Insider that the trademark doesn't provide an "absolute right of word" – but rather a right of word or phrase as it relates to certain goods. 

"So here, Ohio State (have) tried to register the trademark for the word 'THE' as it relates to a clothing brand – and ultimately that is what they have registered here", he said. 

He added that the rights from the trademark in the clothing space are limited and could only be enforced in a narrow context. In any case, there are already so many other trademarks already registered in the clothing space that use the word "THE".