There is a simple principle here. Ohio State filed a legal challenge against our trademark and then issued a press release claiming it was saving Ohio' for Ohioans. I would point out that everyone has a right to use the term Buckeyes,' but Ohio State University holds a trademark for that term.
Trademarks are concerned only with secondary meaning of a word.
For both Ohio' and Buckeyes,' the trademarks held by our universities apply only to athletic events and apparel. Ohio University was chartered in 1804 and Ohio State University was created in 1870 as Ohio Agricultural and Mechanical College, changing to its current name in 1878. But registering trademarks is a more recent practice in higher education and is used by most universities as a way to produce revenue, protect uses of their name, and project their institutions in the marketplace. Ohio State rejected the offer, and instead filed to cancel Ohio University's trademark in December. John F. Burns, Ohio University director of legal affairs, says it is curious that Ohio State University wants to deny its older sister institution the same trademark protection it enjoys.