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The Ohio State University’s trademark application for “THE” has been initially refused by the USPTO.  Two of the reasons cited are a competing trademark filed by Marc Jacobs’ fashion company for “THE”, and having only used the word in an ornamental way in their specimen.

Josh Gerben was quoted by Fox Business, CBS News, Bleacher Report, and Cincinnati.com’s The Enquirer discussing his analysis of the refusal: 

1. Fox Business

Josh discussed the potential for the University’s application to be approved. He mentioned that if the prior filing made by Marc Jacobs is refused, Ohio State will still need to prove proper use of their trademark by adding “THE” to labels and tags.

2. CBS News

Josh explained the prior Marc Jacobs’ filing that will block Ohio State from receiving registration, should the University fix their correctable errors.

3. Bleacher Report

Josh highlighted the six-month window for Ohio State to file a response with the USPTO in order to move forward with their application.

4. Cincinnati.com’s The Enquirer

Josh explained in depth the reasoning behind the refusal of The Ohio State University’s trademark application, including both the improper use of the trademark and the prior Marc Jacobs filing.

Source: Dyer, K.  “Ohio State’s trademark application for ‘The’ still has life”.  FoxBusiness.com.  September 11 2019.

Source: Gibson, K.  “Ohio State can’t trademark the word “the,” patent office says”.  CBSNews.com.  September 11 2019

Source: Daniels, T.  “Ohio State’s Bid to Trademark the Word ‘The’ Denied by US Patent Office”.  BleacherReport.com.  September 11 2019

Source: Rice, B.  “‘THE’ Ohio State University: School will not be getting ‘THE’ trademark”.  Cincinnati.com.  September 11 2019