Ohio State’s Fight to Trademark “THE”
Summary:
An interesting article about Ohio State University’s decision to finally attempt to trademark the word “The.” Ohio State wanted to trademark use of the word “THE” on clothes such as hats and t-shirts. Their design included using just “THE” emblazoned across the front of the shirts and hats. However, the United States Patent and Trademark Office (USPTO), felt that use of the word “THE” alone did not serve a the functional purpose of allowing a consumer to easily identify the source of the product. For this reason, the USPTO denied the application.
Key Takeaways:
1. Trademarks must perform their stated function. Specifically, trademarks must easily identify the source of a product. Strong trademarks are unique and distinctive.
2. The specific location of a trademark can play a role in its distinctiveness. As stated by the USPTO in the Office Action for Ohio State, a small mark in a specific location can be just as distinctive as a unique wordmark or design. It is important to keep this in mind when determining what mark to use and register.