By Sean Bradley

UNIVERSITY PARK, Pa.—“It’s crazy man,” Rommel Silva said, a Penn State senior who, as an international student, pays the highest rate of tuition. He like many others are confused by the university’s decision to continue pursuing the “Happy Valley” trademark.

“I think it’s frustrating as someone who pays the highest tuition, that Penn State raises my costs while throwing more money into a trademark appeal.” Silva said.

Penn State’s decision to appeal for the “Happy Valley” trademark is baffling to many within the community including storeowners and students.

Penn State first filed to trademark “Happy Valley” in December 2018, but was denied by the U.S. Patent and Trademark Office in March 2019.

Earlier this month the university filed an appeal to the United States Patent and Trademark Office’s supplemental register. The supplemental register offers lower legal protection than the principal register they initially applied for. If the supplemental register is approved, the university will be able to reapply for a principal register in five years.

“There are no intellectual property police, so stopping others means that a trademark holder has to take action to stop infringement,” Dr. Rachel Herder, Penn State law professor said. “Usually first, a trademark owner would send a cease and desist letter demanding that the infringer stop.  If the letter doesn’t work a trademark holder can enforce their trademark rights in court by suing an infringer.”

The university has been adamant that if given the trademark, they would not pursue legal action upon storeowners selling “Happy Valley” merchandise, but some local stores are skeptical.

“It’s all about money for them, the appeal is just another way for them to get even more power and control over something as little as a slogan,” Jay Goldberg of Rapid Transit Sports said. “They already charge 16% royalty and that’s exactly what they will charge if they win this trademark.”

Penn State insists they will cooperate with local stores and do not plan to implement the royalty on any merchandise with the slogan.

“Penn State’s primary goal is to protect the term ‘Happy Valley’ from nefarious use,” Penn State news and media director Lisa Powers said. “The University has spent several weeks engaging in conversations with local businesses and community stakeholders in and around State College and Centre County.”