Ohio State Files Trademark Opposition Against 'Buckeye Tears' Restaurant Brand

COLUMBUS, Ohio (Aug. 29, 2025) — Ohio State University has filed a trademark opposition notice with the U.S. Patent and Trademark Office, challenging a Michigan restaurant's attempt to register "Buckeye Tears" for beer and liquor products. The restaurant in question, The Brown Jug, Inc., is based in Ann Arbor.

Ohio State claims the mark could confuse consumers into believing the beverages are affiliated with the university. The filing stresses the value of the university's "Buckeyes" brand—citing more than $145 million in licensing royalties and approximately $2.2 billion in related retail sales over the past decade. Officials also argued that associating alcohol with the university's athletics programs may dilute its identity and damage its reputation.

The Brown Jug's application, filed last year on an "intent to use" basis, remains limited—appearing only in small-scale menu use without Ohio State logos, colors, or branding.

Trademark attorney Josh Gerben, not involved in the case, noted, "It's hard to imagine consumers thinking that they are drinking a 'BUCKEYE TEARS' product made or licensed by the University. The fact that the applicant is based in Ann Arbor only strengthens the perception that this is a tongue-in-cheek nod to the Michigan rivalry, not a genuine product made by the University."

The Brown Jug has until Oct. 6 to respond. If the restaurant expands use of the mark—especially incorporating university imagery or branding—it could strengthen Ohio State's case. Should the dispute require formal review, it may extend into 2027.