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June 24, 2022

Ohio State Trademarks the Word “THE” for Merch

Formally known as The Ohio State University, “THE has been a rallying cry in the Ohio State community for many years,” the university said.

By  Christopher Ruvo

What “the” heck? 

“The” Ohio State University now owns “THE.”

Well, that’s not really true.

However, the Columbus, OH-based institution of higher learning has made headlines across the land by winning its battle to trademark the word “THE” in relation to branded merchandise.

The Ohio State University

After a three-year fight, OSU has won approval from the U.S. Patent and Trademark Office to control use of “THE” on swag associated with and sold through the university’s athletics and collegiate channels. That merch can be anything from hoodies, hats and T-shirts, to can coolers, flying discs, camping chairs and more.

OSU first sought a trademark on “THE” in 2019, but patent authorities initially rejected the application on the grounds the word was used in a “merely decorative manner” and as an “ornamental feature,” rather than being a distinctive trademark that differentiates.

Further complicating things was the fact that fashion retailer Marc Jacobs had also filed to trademark “The.” Indeed, it was Jacobs’ filing that prompted Ohio State to file its initial application for the mark.

Still, in August 2021, Marc Jacobs and OSU reached a deal that enables both entities to use “THE” in branding. Patent officials ultimately bought into OSU’s case for the distinctiveness of the “The” within the university’s branding.

“THE has been a rallying cry in the Ohio State community for many years, and Buckeye fans who purchase official Ohio State gear support student scholarships, libraries and other university initiatives,” the university said in a statement. “Like other institutions, Ohio State works to protect the university’s brand and trademarks because these assets benefit students and faculty, and support our core academic mission of teaching and research.”

Ohio State says that its trademark and licensing program generates an average of more than $12.5 million annually in revenue for the university, which funds student scholarships and university programs.

“The” has a long-running history with Ohio State. In 1878, a decree from the Ohio legislature changed the name of what was then known as “Ohio Agricultural and Mechanical College” to “The Ohio State University.”

Jason Gay, columnist for The Wall Street Journal, had a humorous take on the OSU trademarking of “THE.”

The “the” picked up renewed steam in modern times when, in 1986, a new university logo was introduced in the hopes of moving away from the “OSU” symbol, which had been used since 1977.

“The change from simply ‘OSU’ was said to ‘reflect the national stature of the institution,’” a history from Ohio State says. “University officials wanted the institution to be known as The Ohio State University, again, since OSU could also mean Oregon State and Oklahoma State University.”

The “THE” really exploded into popular consciousness when, in the middle 1990s or so, Ohio State football players began using it with emphasis in introducing themselves and declaring who they play for. The university is said to have encouraged the players to do this. The “THE” then “grew into a meme when NFL broadcasts featured clips of players saying their names and their alma maters,” CNN noted. “OSU alums emphasized they were from ‘THE Ohio State University.’”