[ca245]

I can’t fault the Patent & Trademark office for allowing the “THE” mark. It recently lost a series of cases where it had initially denied registration of a mark but was reversed by the courts on First Amendment grounds, most famously at the Supreme Court over the mark “The Slants” (application first rejected as derogatory).
So its attitude now seems to be very lenient about allowing marks. If business competitors don’t like it, let them and the registrant fight it out in court but leave the PTO out of it.

PS: I would like to see a bunch of OSU alums strutting around in France with “THE” T-shirts, leaving the natives puzzling over why these Yanks are touting a herbal beverage.

[ca245]

I can’t fault the Patent & Trademark office for allowing the “THE” mark. It recently lost a series of cases where it had initially denied registration of a mark but was reversed by the courts on First Amendment grounds, most famously at the Supreme Court over the mark “The Slants” (application first rejected as derogatory).
So its attitude now seems to be very lenient about allowing marks. If business competitors don’t like it, let them and the registrant fight it out in court but leave the PTO out of it.

PS: I would like to see a bunch of OSU alums strutting around in France with “THE” T-shirts, leaving the natives puzzling over why these Yanks are touting a herbal beverage.