OHIO STATE FILES TO SAVE "OHIO" FOR OHIOANS

	COLUMBUS -- The Ohio State University filed its petition 
Tuesday (12/16) to cancel Ohio University's exclusive claim to 
the word "Ohio."

	The petition was filed on the same day the U.S. Patent and 
Trademark Office rejected Ohio State's application to register 
the "Ohio Stadium" name as a "sporting facility."

	The decision to file the petition was made "reluctantly and 
in the interests of the people of the state," said Virginia 
Trethewey, Ohio State vice president and legal counsel.  Ohio 
State had only until today (12/17), Trethewey said, to pursue its 
objection to Ohio University's registration of "Ohio" for 
apparel, intercollegiate athletics and entertainment.

	"No one should be able to trademark the name of the state by 
itself," Trethewey said.  She noted, as an example, that the 
Statehouse Museum gift shop currently markets hats, T-shirts, 
sweatshirts and other items of clothing bearing the name or logo 
"Ohio" and could, therefore, be enjoined by Ohio University from 
selling those items.

	Ohio State's specific notice of opposition is in response to 
Ohio University's recent application to register its "attack cat" 
logo, "although the real challenge," Trethewey said, "is to the 
claim to exclusive use of the state's name."  The attack cat 
application, she said, is the vehicle Ohio State is using to 
petition to cancel the "Ohio" registration.

	Trethewey said that the Patent and Trademark Office's 
refusal to register a trademark on Ohio Stadium "exemplifies the 
problems created by Ohio University's federal registration."

	"For months, Ohio University officials have assured us that 
Ohio State's use of 'Ohio Stadium' would not be affected by Ohio 
University's actions," Trethewey said.  "Now we know that this is 
not the case.  We also know that their claim to exclusive use of 
'Ohio' for at least five years -- an assertion that was included 
in its applications filed with the U.S. Patent and Trademark 
Office -- is not supported by the facts.

	"We tried through discussions to persuade Ohio University to 
withdraw its Ohio registration and return to the status quo," she 
said.  "And we sought to find a formula for joint use.  
Ultimately we came back to the belief that 'Ohio' belongs to 
everyone."

                              #

Contact: 	Virginia Trethewey, Legal Affairs, (614) 292-0582