Ohio State, Marc Jacobs Both Refused 'The' TMs For Now

Law360 (September 11, 2019, 8:22 PM EDT) -- The U.S. Patent and Trademark Office is refusing for now to let either Ohio State University or Marc Jacobs register the word “The” as a trademark, ruling that neither has yet proven it actually uses the common term as a trademark.

A month after the school made headlines with its application, a USPTO examiner ruled Wednesday that Ohio State had only shown it was using “The” as an “ornamental” design on T-shirts, rather than as the kind of label that is protected by trademark law.

Fashion label Marc Jacobs, which quietly filed its own application in May, was hit with a...

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