COLUMBUS – Ohio State University reportedly wants to trademark the word “The” in cases where it is used in conjunction with the university’s name on items marketed for sale.
The Columbus Dispatch reports that the university submitted a trademark application Aug. 8 to the United States Patent and Trademark Office in Washington.
The trademark would apply to use of the word “the” on T-shirts, baseball caps and hats, according to the university’s application.
University spokesman Chris Davey confirms the application. A statement from Davey says the school “works to vigorously protect the university’s brand and trademarks.”
An Ohio State spokesman said last fall that the university had 150 trademarks in 17 countries and other applications pending.
The school has previously secured other trademarks, including names of football coaches Woody Hayes and Urban Meyer but failed to secure exclusive rights to “OSU” in a feud with Oklahoma State University.
Ohio State is not the only powerful entity to try to trademark a commonly-used word or phrase, though the record of success in protecting those trademarks is uneven at best.
The Cheyenne, Wyo.-based restaurant chain Taco John’s — which has nearly 400 locations in 23 states — put its legal stamp on “Taco Tuesday” 30 years ago and has since zinged cease-and-desist letters at offenders far and wide.
Starbucks made headlines when it went after a Texas bar owner who created a “Star Bock” beer.
And Gerber has been known to guard its “onesie” trademark against mom-and-pop crafters who design one-piece infant outfits to sell online.
When it comes to “Taco Tuesday,” a legal expert doubts Taco John’s has much of a case.
Like “raisin bran,” ”escalator,” ”nylon” and other formerly trademarked products, “Taco Tuesday” has suffered from “genericide” — it has become too well-known to continue to be identified with a particular company, said Seattle-based attorney Michael Atkins. The term even made a fairly significant appearance in “The Lego Movie,” a 2014 kid film based on the popular plastic toys.