Ohio State seeks to trademark the word 'The'

They're going to be laughed at

Will have something to say about that

place.

university names that start with "the," but sure, it should be their sole property simply because they have the most insufferable fan base on the planet.

Warmly,

The Bronx

the trademark office will certainly look foolish if they grant this wish

If someone is selling T-shirts with the slogan "THE best damn school in the land" and it's covered in scarlet and grey... and the THE is the centerpiece of the shirt and the reason people are buying it and associating it with Ohio State, is it not reasonable to say Ohio State should have the rights to that?

And full disclosure, I'm a Buckeye haha

In comment 14530487 Mike in Long Beach said:

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If someone is selling T-shirts with the slogan "THE best damn school in the land" and it's covered in scarlet and grey... and the THE is the centerpiece of the shirt and the reason people are buying it and associating it with Ohio State, is it not reasonable to say Ohio State should have the rights to that? And full disclosure, I'm a Buckeye haha

Without the Scarlet and Grey that could be any school.

In comment 14530491 uther99 said:

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In comment 14530487 Mike in Long Beach said: Quote: Without the Scarlet and Grey that could be any school.

Yes. Obviously. But that is not the point that Mike is making. IF the "THE" is combined with OSU colors in a blatant riff of official Ohio State gear/goods, is the case reasonable.

"Ohio State has previously trademarked the names and likenesses of football coaches Woody Hayes and Urban Meyer as well as phrases like Script Ohio and The Shoe.

Common words and phrases can be trademarked if the seeker can prove a distinctive usage outside the traditional meaning."

I think they have a shot at this.

.

"THE" Opioid Capital of the World. But let's focus on college football.

;)

"The (Thee)" thing become a thing anyway? It always comes off as kind of stupid and obnoxious. There are many schools that start with "The", just like rock bands. Why emphasize it?

In comment 14530548 Pete in MD said:

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"The (Thee)" thing become a thing anyway? It always comes off as kind of stupid and obnoxious. There are many schools that start with "The", just like rock bands. Why emphasize it?

For years I've heard it emphasized by players doing the live intro to their alma mater on SNF/MNF.

In comment 14530445 81_Great_Dane said:

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Warmly, The Bronx

Lol my first thought as well.

how many colleges put "the" in front of their name and have nothing to do with OSU? Shit, I went to GW and they call it The George Washington University. Like they did that to copy Ohio State?

They're going to be really fucked when they find out I trademarked the word Ohio.

The law isn't really about making sense of being fair, just who has money, who's shithead enough to chase down a result, and the asshole who is 'the authority' to allow it

Not about sense or logic, but who has the money, title, pull so all this shit comes to light and wastes a TON of time and money (really regardless of the result, it's fn stupid)

All that education, experience, certainly work ethic, and of course money...but not a lot actual legit thought

Simply put, you can't TM individual / generic names, letters, or numbers like that. It's fucking idiotic. Oh wait, but you can...

In comment 14530445 81_Great_Dane said:

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Warmly, The Bronx

Ha!

In comment 14530557 Osi Osi Osi OyOyOy said:

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In comment 14530445 81_Great_Dane said: Quote: Warmly, The Bronx Lol my first thought as well.

Yeah ... except it's "Da" Bronx

... which seems unlikely to me [ not an attorney ], won't they spend more money in lawsuits defending the copyright than they'd save by not having to protect it?

In comment 14531290 BronxBob said:

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... which seems unlikely to me [ not an attorney ], won't they spend more money in lawsuits defending the copyright than they'd save by not having to protect it?

That's not how it will work (if it works at all). First, it's not a copyright, it's a trademark. They *definitely* can't copyright the word 'The' - it's not copyrightable for a variety of reasons. They are trying to trademark the word 'The' "for use on clothing and hats" as stated in the original post. So, only Ohio State would be able to use the word 'The' on clothing and hats without being subject to a suit for trademark infringement. The comparison to make in money terms is to compare the money they'll make having the exclusive right to use 'The' on clothing and hats to the legal fees they'll spend enforcing the trademark. My guess is that's a net positive for OSU.

All that said, however ... I think it's a long shot they'll get the trademark. Without getting into all the technicalities, it can be summed up by saying that the word 'The' is generic, to put it mildly, and is associated with many other schools and places as others have posted above.

I have an application into the USPTO for my own business right now. It's my undersanding that they could try to trademark "The Ohio State University" as a name with the qualification that they are not seeking to keep others from also using the word "The" as part of their own names. So, it's not as far fetched as it first seems. They absolutely would not get approval were they trying to keep anyone else from using "The".

In comment 14530445 81_Great_Dane said:

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Warmly, The Bronx

👏 👏 👏

In comment 14531582 jpennyva said:

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I have an application into the USPTO for my own business right now. It's my undersanding that they could try to trademark "The Ohio State University" as a name with the qualification that they are not seeking to keep others from also using the word "The" as part of their own names. So, it's not as far fetched as it first seems. They absolutely would not get approval were they trying to keep anyone else from using "The".

You're right as to what they "could" do, but what they *are* doing is trying to trademark the word "THE." Here's a link to the application. So, it does seem to be as far-fetched as it first seemed.

Link - ( New Window )

In comment 14531747 Del Shofner said:

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In comment 14531582 jpennyva said: Quote: I have an application into the USPTO for my own business right now. It's my undersanding that they could try to trademark "The Ohio State University" as a name with the qualification that they are not seeking to keep others from also using the word "The" as part of their own names. So, it's not as far fetched as it first seems. They absolutely would not get approval were they trying to keep anyone else from using "The". You're right as to what they "could" do, but what they *are* doing is trying to trademark the word "THE." Here's a link to the application. So, it does seem to be as far-fetched as it first seemed. Link - ( New Window )

Ah, I had not read the full application (the legalese involved with my own was enough to last a lifetime). Then that is a ridiculous waste of money, and trademark applications are not cheap, though the university no doubt has the money to waste on such things. The fact their attorneys are even trying to do it means it is 100% publicity stunt.

or would it include being a part of a phrase as well? Would it only be something school-related ("The University of Miami") or would something like "The Boss" be covered. And what if it appeared in the middle of a phrase instead of at the beginning ("University of the District of Columbia")?

In comment 14530491 uther99 said:

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In comment 14530487 Mike in Long Beach said: Quote: If someone is selling T-shirts with the slogan "THE best damn school in the land" and it's covered in scarlet and grey... and the THE is the centerpiece of the shirt and the reason people are buying it and associating it with Ohio State, is it not reasonable to say Ohio State should have the rights to that? And full disclosure, I'm a Buckeye haha Without the Scarlet and Grey that could be any school.

With scarlet and grey would it look much different the Washington state?