Can i trademark the word the [Real Research]

Last updated : Aug 9, 2022
Written by : Randal Shuttlesworth
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Can i trademark the word the

Can I copyright the word the?

You cannot obtain a copyright registration for one word. Copyright does not protect names, titles, slogans, or short phrases. A copyright only exists for original works of authorship fixed in a tangible medium of expression. A copyright protects literary, musical, artistic, and dramatic works.

Is the word the trademarked?

The Ohio State University has successfully trademarked the word “the.” In a June 21 notice, the US Patent and Trademark Office granted the 152-year old research institution exclusive use of the article for college merchandise such as t-shirts, baseball caps, hats, and other team sports swag.

What words Cannot be trademarked?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

How can someone trademark the word the?

No one else can trademark the word with your Intent to Use on file. You can renew the Intent to Use every six months for up to 24 months. File a Trademark Application. To register a trademark, you need to file a trademark application with the USPTO.

Who copyrighted the word the?

The Ohio State University has successfully trademarked the word "THE."

Did OSU trademark the word the?

Ohio State University Trademarks THE. The Ohio State University has successfully obtained a trademark registration for the word “THE,” which has been the university's moniker and rallying cry at sporting events for decades.

Why did OSU trademark the?

The trademark will offer the school, whose supporters famously emphasize the article in its name, some protection against unlicensed merchandise sellers. As a subscriber, you have 10 gift articles to give each month. Anyone can read what you share.

What does it mean to trademark the word the?

“By trademarking 'THE,' they are creating a spin-off brand,” she says. “It means that there are even more ways that consumers can relate to the brand. By formalizing their protection of the word, nobody else can do something similar.”

Can a common word be trademarked?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.

How much does it cost to trademark a word?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

What is not protected by trademark?

Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.

Is Nike Just Do It trademarked?

Just Do It or JDI for short (stylized as JUST DO IT. and set in Futura Bold Condensed) is a trademark of shoe company Nike, and it is one of the core components of Nike's brand. The slogan was coined in 1988 at an advertising agency meeting.

What names can you trademark?

Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive.

How much did Ohio State pay to trademark the?

The university said it brings in more than $12.5 million a year from its trademark and licensing program. Ohio State filed a trademark application in August 2019.

Does Ohio State University own the word the?

THE ANSWER No, Ohio State University does not own the word “the.” Trademarks have to be for specific uses, and Ohio State's is for apparel representing collegiate athletics.

Why did Ohio State University add the?

The "THE" (which was already in the official name of the school) was added to the logo to "reflect the national stature of the institution." So to answer your question, no, Buckeye fans are not just being obnoxious. The Ohio State University is the correct and official name of the school.

Why is it called the Ohio?

Ohio got its name from the Iroquois word, “O-Y-O,” meaning “great river.” The Iroquois Indians had begun to settle between the Ohio River and Great Lakes by 1650, although it is estimated that only a few hundred lived in present-day Ohio during any one period.

What public university tried to trademark the word the?

Ohio State University has won its fight to trademark the word "The" The U.S. Patent and Trademark Office approved the request. Ohio State may control use of "The" on branded products associated with and sold through athletics and collegiate channels, such as T-shirts.

Can you trademark a phrase on a T shirt?

Yes, you can trademark a t-shirt. You can trademark a name, logo, or slogan that appears on your t-shirts. You may register a trademark for any materials that identify and promote your particular goods and services. This information was provided by our founding attorney, Xavier Morales, Esq.

What are the 3 types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

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Can i trademark the word the

Comment by Lynn Kronstedt

can I use a common word as a trademark that's a question I get a lot and I'm gonna spend the next three minutes talking about it I'm Angela Liang Lots trademark and copyright attorney and I go live here on weekdays to talk trademarks and copyrights so there seems to be this myth that one cannot use a common word as a trademark and that is just not true we do see all the time common words used as trademarks what's an example let's take a really well-known and famous one Apple Apple is a very famous trademark for computers and cellular phones and other computer peripherals and it is indeed a very common word one of the most common words in the English language so yes you can use a common word as a trademark but you have to make sure that you're not using it as a trademark or attempting to use it as a trademark for the goods that are named by the common word let me give you an example Apple is a great trademark for anything but apples right so if you have an apple cart or a an apple stand and you're selling apples yes indeed you may not use the trademark Apple for those goods and services why because if we allow you to have the exclusive use to use the word Apple with your business of selling apples then because the trademark gives you the exclusive right to use that term in conjunction with your goods or services if we allow you to get a trademark for Apple it would prevent anybody else who sells apples from saying that they have a store where they sell apples and that's not the per of trademarks the purpose of a trademark is to distinguish your goods and services from other people's goods and services and if what you're proposing to use is the trademark merely describes the goods or in the case of Apple for Apple selling only is a generic descriptor for the goods that you're selling we can't allow you to do that it's not distinctive so yes you can use an ordinary word as a trademark so long as it doesn't have anything to do with the ordinary word or the goods are not part of the selling of that ordinary word so yes go ahead use a trademark that's an ordinary word but just don't use it for that thing right so if you want to use Apple don't put it on apple's i'm angela lang lot's trademark and copyright attorney and i go live here on weekdays to talk trademarks and copyrights message me on my facebook page forward slash trademark doctor with any trademark questions or copyright questions you can also find me online at trademark doctor net if you go to youtube and search trademark doctor you'll find a whole video library right there

Thanks for your comment Lynn Kronstedt, have a nice day.
- Randal Shuttlesworth, Staff Member

Comment by Dorris

does the spacing between the words of a trademark affect trademark rights a viewer asks me that question she wants to know i'm angela langlotz trademark and copyright attorney and i go live here on weekdays to discuss trademarks and copyrights i'm going to spend the next four minutes answering her question so her question was if i trademark a business name and fail to put a space between the words for example happy day one word versus happy space day will both be registered and the answer is no the junior mark in that case assuming the goods were related would not register why well when we evaluate whether or not trademarks are confusingly similar and that is the standard when we evaluate the similarity of the marks one of the things that we look at is the overall commercial impression that the mark makes on the consumer and commercial impression incorporates a lot of factors but one of those factors is the way the mark sounds so when we say things like happy day we don't know whether or not there is a space between the words happy and day it just sounds exactly the same as happy space day because we don't walk around putting spaces in between the words of our of our speech that would be a little bit weird we would half space two-space go space around space i think you see what i'm saying so we would pronounce happy day one word the exact same way that we would pronounce happy day two words so the commercial impression the auditory commercial impression that the consumer would get would be exactly the same for those two marks in addition the consumer is likely unable to distinguish at first glance whether or not the words actually have a space at all it would depend upon how the words were presented to the consumer as well so in this case assuming the goods are related and assuming a mark like happy day this trademark application assuming a so we have a junior mark that's being applied for in a senior mark that's already registered right so the junior mark if the goods were related and you can look at my other videos where i talk about this related goods issue because it's an important and often misunderstood issue if the goods are related and that means different things under trademark law and so if the goods are related and the marks convey a similar commercial impression then the application for the junior mark will be denied because it would be confusingly similar to a mark already on the record so i'm going to tag the person who asked this question um what was her name alyssa burton i'm going to tag her in this video so she knows i answered her question if you have trademark questions please drop them in the comments below i will answer them in a future live video you can find me online at on youtube just go search trademarkdoctor and you'll find hundreds of videos that i've produced live there and you can also find me online i'm sorry on facebook at forward slash trademark doctor

Thanks Dorris your participation is very much appreciated
- Randal Shuttlesworth

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