Ohio State, Marc Jacobs reach deal in trademark battle over the word “The”

COLUMBUS, Ohio—Ohio State University and fashion designer Marc Jacobs have, at least for now, resolved an odd debate: who can trademark the word “The.”

Ohio’s flagship university and the fashion company have agreed to allow each other to continue using the article of speech on their articles of clothing and apparel – at least, until the U.S. Patent and Trademark Office issues a ruling on the matter.

However, the school still hasn’t achieved its goal of convincing federal officials to grant it a trademark for the word.

For decades, OSU students, alumni and fans have emphasized the “The” in “The Ohio State University,” the school’s formal name. The word has appeared, by itself, on licensed university merchandise since 2005, according to legal filings by the school.

But in 2018, Marc Jacobs launched a new line of apparel and accessories called “The Marc Jacobs,” using the word “the” as part of a brand (such “The Grunge Sweater” and “The Tote Bag”). Sometimes, these products feature the word “The” on them with no other context.

Ohio State applied to trademark “The” in August of 2019, motivated partially because of Marc Jacobs’ trademark attempt. The U.S. patent office denied OSU’s request in part because Marc Jacobs submitted its application to trademark the word three months earlier.

Under their agreement, announced by Ohio State this week, the university and Marc Jacobs will each withdraw their opposition to the other’s trademark applications and allow each other to sell “The”-themed merchandise.

The agreement doesn’t limit what types of “The”-themed products Ohio State and Marc Jacobs can sell, though it makes the distinction that Marc Jacobs’ products are commonly sold in high-end fashion stores while OSU merchandise is usually found in athletic and collegiate outlets.

A representative for Marc Jacobs didn’t respond to an email seeking comment.

However, Ohio State still has a second hurdle to overcome before it can secure its trademark. In addition to the Marc Jacobs dispute, the patent office rejected the school’s application on the grounds that putting the word “The” on clothing is “merely a decorative or ornamental feature” — a mere add-on word that isn’t something that would help people associate it with the university.

Ohio State spokesman Ben Johnson said that if the patent office approves the deal with Marc Jacobs, the university would then work to address that and any other remaining issues.

“We respectfully disagree with the examiner on the ornamental rejection,” Johnson stated in an email. “The apparel is purchased because of a desire to show affiliation with or support of the university, not for mere ornamentation.”