In a three-year legal battle, Ohio State University (OSU) successfully secured a federal trademark for the word "THE," marking a significant win in the university's efforts to protect its brand. This legal journey began in 2019 and followed a competing trademark application from fashion designer Marc Jacobs. Ohio State University's right to exclusive use of "THE" with branded merchandise and apparel was at stake.
Origins of OSU's "THE" Branding
Ohio State University began incorporating the word "THE" into its name in 1986. This strategic
move was designed to create a distinct identity for the university, moving away from its previous "OSU" moniker. The shift aimed to differentiate Ohio State from other universities sharing the same initials, such as Oregon State University and Oklahoma State University, commonly abbreviated as OSU. By the mid-1990s, OSU's unique emphasis on "THE" had gained popularity, even becoming the subject of parody on shows like Saturday Night Live.
The Use of "THE" in Ohio State's Branded Products
With the recent trademark approval, Ohio State University can use "THE" on products associated with the school, including those sold through its athletic programs. According to OSU spokesperson Ben Johnson, the university's trademark and licensing program generates over $12.5 million in annual revenue, benefiting student scholarships and funding university programs. Johnson highlights that protecting OSU's brand assets, such as trademarks, serves the interests of both students and faculty, strengthening the university's financial foundation.
But "THE" is a Generic Term, Right?
Some may wonder how OSU successfully trademarked "THE," given that it is a common, everyday word. Isn't "THE" a generic term and, therefore, unregistrable? The answer lies in the nuances of trademark law.
In English grammar, "the" is classified as a "definite article" – a word that refers to a specific noun, such as a person, place, or thing. While commonly used, the word "the" in this context serves as a distinctive brand identifier when associated with OSU rather than simply describing a general product or service.
In trademark law, a generic term refers to a word or symbol widely used to identify a general class of goods or services rather than to distinguish one source from another. For example, "apple" for apples or "bread" for bread products are generic. They describe the product itself without pointing to any specific origin. Generic terms, by definition, do not indicate a particular source and thus cannot function as trademarks. Consequently, generic marks are not eligible for federal registration.
However, in OSU's case, "THE" functions not as a mere article but as a brand element specific to Ohio State's identity. This distinct usage allows "THE" to serve as a source identifier in the context of Ohio State University's branded merchandise, meeting the requirements for trademark eligibility.
Other Attempts to Trademark "Thee"
Interestingly, while OSU successfully trademarked "THE," no Historically Black Colleges and Universities (HBCUs) have yet filed to trademark "Thee," a term often used to introduce their institutions with a touch of emphasis, such as "Thee University of [institution name]." Given the strong association of "Thee" with HBCUs, questions arise about whether notable HBCUs that use the term could similarly trademark "Thee."
Currently, there are no HBCU applications for "Thee" on file with the USPTO. However, three active and pending trademark registrations do exist for "THEE": two filed by Hot Girl Trademark Holdings, LLC (under classes 003, 009, 016, 018, 021, 025, and 041) and one by THEE Inc. (under class 041). These registrations reflect the potential value in distinguishing even common terms when used in a unique or brand-specific context.
Implications and Insights
Ohio State University's recent trademark victory underscores the complexities of trademark law, especially in cases involving commonly used words. The decision highlights how even the most widely recognized terms, when uniquely applied, can achieve trademark status and enjoy legal protection. This case also reminds businesses, educational institutions, and creators that even seemingly generic or straightforward words can be transformed into powerful brand assets when properly leveraged within a distinct identity.
Ultimately, the Ohio State case sets a precedent for institutions and businesses seeking to protect unique aspects of their brand, challenging the assumption that all common words are off-limits in trademarks.
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