The Ohio State University and Marc Jacobs strike agreement over who gets to use the word 'THE'

• The Ohio University and Marc Jacobs have both been trying to trademark the word "THE" since 2019.
• The university has argued that Jacobs' "THE" so resembles Ohio State's "THE" that it causes confusion.
• But the two apparently reached a deal Friday morning that will allow both groups to use the word.

After nearly three years of legal battles, two unlikely foes have come to an agreement over ownership of the most common word in the English language.

The Ohio State University said Friday it had reached an agreement with fashion designer Marc Jacobs that will allow both to use the trademark article "THE," on branded products if the US Patent and Trademark Office approves both requests.

The two groups filed a Consent to Register Agreement Friday and have agreed to suspend opposition proceedings while they await further rulings from the Patent and Trademark Office, a university spokesperson told Insider.

The bizarre saga dates back to 2019, when the US Patent and Trademark Office rejected the flagship university's bid to trademark the word, stylized in all capital letters on T-shirts and hats that the school said signifies its association with the college.

Part of the reason for the rejection?

Marc Jacobs had beat the institution to the ask; filing its own trademark request for the use of the word "the" on handbags and clothing nearly three months earlier

In a letter sent to the university attorney in September 2019, the office said it also turned down the school's request because the use of the word "is merely a decorative or ornamental feature," and not a clear signal of association with the university.

In March 2020, the university pleaded its case again, filing a "defense action" ahead of Jacobs' own appeal, asking the Patent and Trademark Office to reconsider its previous decision, Cleveland.com reported.

In its argument, the school said "THE" works to "protect the university's brand and trademarks because these assets hold significant value...by supporting our core academic mission of teaching and research." The university also said Jacobs' planned use of "THE" on handbags and knapsacks encroached on Ohio State's use of the word.

The university repeated similar arguments in a notice of opposition filed early Friday with the Patent Office's Trademark Trial and Appeal Board. In the filing, the university attempted to block Marc Jacobs' trademark filing over "THE," arguing Ohio State is the true owner of the article.

The filing argues that the "THE" Marc Jacobs is attempting to trademark so resembles Ohio State's "THE" as to be likely "to cause confusion, or cause mistake."

But later that afternoon, Rick Van Brimmer, Ohio State's assistant vice president for trademark licensing services, told The Columbus Dispatch that both groups are now saying there would be no confusion over the use of the word, according.

"We were not trying to get exclusive right to 'THE.' … This thing is mostly about they're staying in their lane and we're staying our lane. They're high-end apparel and accessories. We're athletic-related, mostly leisure-wear items," Van Brimmer told the outlet.

A university statement provided to Insider said the agreement was struck given the "different markets within which the repective uses of THE exist" for Ohio State and Marc Jacobs.

Van Brimmer called the agreement a "desired outcome," and said even though it's a "niche category," it's still important.

We kind of think it's something people rally around," Van Brimmer told The Dispatch. "When you say I'm part of Buckeye Nation, or when you say THE, it's a rallying cry.''