After nearly a two-year long battle with fashion designer Marc Jacobs, Ohio State may trademark “The.” Credit: Lantern file photo
Ohio State may trademark “The,” after a nearly two-year battle with fashion designer Marc Jacobs.
The university has reached an agreement with Jacobs that would allow both parties to use “The” if it is approved by the U.S. Patent and Trademark Office, university spokesperson Ben Johnson, said.
Jacobs submitted an application to trademark the word May, 6 2019 and Ohio State filed a similar application Aug. 8, 2019. Both applications aimed to trademark the word for use on apparel.
The two applications were denied — Ohio State because the trademark was seen as an “ornamental feature,” while Jacobs’ was due to its lack of distinguishing goods from others.
According to the response to letter of suspension, Jacobs and Ohio State have entered into an agreement as long as “The” is to be used in separate marketplaces.
“Marc Jacobs’ THE branded products are associated with high-end/contemporary fashion,” Johnson said in an email. “Ohio State’s THE branded products are associated with and sold through athletics and collegiate channels.”
