How does a Trademark on the Word “The” Affect Your Branding Strategy?

The Ohio State University football team got a trademark on the word "the." How did they do it? And what lessons can you take away from this about your branding strategy?

Historically, whenever a game announcer or a famous graduate would say the #osubuckeyes name on air--they would always say "THEEEEE Ohio State University Football Team," with an extra dramatic emphasis on "the."

The team first tried to get a trademark on the word "the" by submitting evidence of apparel with a huge print of the word on the front (swipe left to see image). This application was rejected because it was ornamental.

When you apply for a trademark, you have to show that you're using your trademark in a way that signals to the public WHERE your product comes from, or WHO made it. You can't use your trademark as a decorative element plastered in big letters on your product.

Think of a tablecloth with a floral pattern on it. You would see that pattern from afar and think of it as the tablecloth's decoration, not as an indicator of who made it. You would have to look at the label to see who made it.

So the team submitted new evidence in response to the Trademark Office's rejection. Every applicant usually gets only one chance to do that.

This time, they put the word "the" on the label tag instead of the front. The application was approved.

Another lesson here is that the team's trademark is only good for clothing with "the" on it. If you sell different goods or services entirely, you may be ok using the word "the" in your marketing.

As always, there are SO MANY exceptions and nuances to all that I've said above! Talk to a pro. I offer free consultations. 👍

If you're thinking about your own #branding strategy for your business and aren't sure where to start, give me a call. Let's file your application properly!

#trademarklawyer #trademarks #brandprotection #ipattorneys