Ohio State can't trademark the word "the," patent office says

Ohio State University has failed to trademark the word "the," with the U.S. Patent and Trademark Office on Wednesday, turning down its application to claim the three-letter definite article as its own.

The school's effort stems from its wish to be formally called "The Ohio State University," rather than the arguably humbler "Ohio State University." The university has emblazoned T-shirts, hats and other merchandise with the longer phrase, and thus had sought the trademark to protect the longer name.

The trademark office said the application didn't prove "The" functions as a trademark, meaning the word doesn't distinguish its gear from any other.

"Registration is refused because the applied-for mark as used on the specimen of record is merely a decorative or ornamental feature of applicant's clothing and, thus, does not function as a trademark to indicate the source of applicant's clothing and to identify and distinguish applicant's clothing from others," the trademark office said in its decision.

Read more: https://www.cbsnews.com/news/ohio-state-university-trademark-the-osu-cant-trademark-the-word-the-patent-office-says/