In a surprising move that has caught the attention Trademark renewal services Newport Beach of legal and sports communities alike, Ohio State University (OSU) has made a bid to file the word “THE” as a federal trademark. This move, which may seem unusual at first glance, is rooted in the university’s long-standing use of the word in its branding and marketing strategies. The decision has sparked a variety of discussions—ranging from intellectual property law implications to the possible impact on OSU’s identity. In this blog, we’ll break down what this trademark filing means, why OSU is pursuing it, and what this could mean for both trademark law and the university's fans.
What is Ohio State University’s Trademark Filing?
Ohio State University is seeking to register the word “THE” as a trademark with the United States Patent and Trademark Office (USPTO). The university's application claims that the word “THE” is distinctive when used in conjunction with its name and brand. In fact, the application specifically requests that “THE” be used in connection with OSU’s athletic programs, educational services, merchandise, and general branding.
For those unfamiliar with the background, the word “THE” has become a part of Ohio State's brand over the years, thanks to the university’s marketing campaigns that emphasize its name—often referred to in the media and by fans as "THE Ohio State University." The distinctive nature of the university’s use of “THE” in front of its name has helped it build a unique identity, especially in collegiate athletics.
Why Is OSU Trying to Trademark “THE”?
The move to trademark the word “THE” may seem trivial to some, but Ohio State’s efforts are grounded in both brand protection and the pursuit of legal recognition for its long-standing branding strategy. For OSU, the word “THE” is more than just a grammatical article—it is a symbol of their distinctiveness in the collegiate world.
- Brand Protection: By filing for a trademark, OSU is seeking to safeguard the use of the word "THE" as it relates to the university’s identity. This could help protect its brand from being diluted or copied by competitors, especially in an era where universities and athletic programs are increasingly trying to monetize their names and logos.
- Commercial Interests: A successful trademark filing would allow OSU to have exclusive rights over the use of “THE” in certain contexts, particularly for merchandise, apparel, and other university-branded products. This could prove lucrative for the university, especially in a highly competitive collegiate market.
- Maintaining Identity: OSU fans and alumni take great pride in the university’s distinctive use of the word “THE,” and the trademark application seeks to cement this unique branding in the public consciousness. It ensures that Ohio State’s identity remains protected and untarnished by unauthorized parties trying to leverage the same language.
What Are the Legal Implications?
From a legal standpoint, filing for a trademark on a single word—particularly one as commonly used as “THE”—raises interesting questions about the balance between generic language and distinctive branding. A trademark typically grants exclusive use of a word or symbol in specific contexts, but to achieve that, a term must be sufficiently unique or have acquired distinctiveness over time.
While the word “THE” is certainly generic in most cases, OSU argues that its long-time association with the university’s name and sports identity has given it a unique meaning in this specific context. However, obtaining a federal trademark for such a commonly used word could be an uphill battle for OSU. The USPTO will likely need to evaluate whether the word has gained sufficient “secondary meaning” among the public to be considered a protectable trademark.
Possible Challenges and Opposition
Given that “THE” is one of the most basic and frequently used words in the English language, there is potential for opposition to OSU’s trademark application. Competitors, other universities, or even individuals with an interest in the word’s use may challenge the filing, arguing that a trademark on such a generic word would inhibit fair use or create unnecessary restrictions on free speech.
Additionally, other institutions may argue that a trademark for “THE” could lead to confusion or give Ohio State an unfair advantage in markets where the word is used widely in non-branded contexts.
It will be interesting to see whether the USPTO ultimately accepts or rejects OSU’s application, and if it sets any new precedents for how universities—or any entities—attempt to trademark common words.
Impact on OSU and College Sports Branding
If Ohio State is successful in securing the trademark for “THE,” it could send shockwaves through the world of college athletics and university branding. Other schools may begin to consider similar efforts to trademark words or phrases that are uniquely tied to their identity.
In the broader world of collegiate sports, this could shift the way universities protect and capitalize on their names and logos. Trademarking iconic phrases or words could become a new trend for schools looking to protect their branding efforts and increase revenue streams, especially as sports merchandising continues to grow.
Conclusion
Ohio State University’s attempt to file the word “THE” as a federal trademark is a bold and intriguing move that has the potential to reshape the way we think about intellectual property in higher education and collegiate sports. Whether or not the USPTO grants OSU the exclusive rights to “THE,” the move underscores the growing importance of branding in modern college athletics.
For now, it remains to be seen how this filing will play out. Regardless of the outcome, one thing is clear: Ohio State University is committed to protecting its unique identity and continuing to stand out—one word at a time.
Stay tuned to Bernstein Law for further updates on this developing case and other trademark-related matters in the world of collegiate branding and intellectual propert