Tag: trademark application

It seems Nike’s plan to trademark a ‘B9’ logo for basketball player Bronny James has hit a snag. The United States Patent and Trademark Office (USPTO) has rejected the application, citing a significant hurdle: a likelihood of confusion with an existing trademark.

Likelihood of Confusion Cited

According to ESPN, the USPTO’s examination found the proposed ‘B9’ logo to be too similar to a mark already registered by Back9 Golf Apparel, a company based in Austin, Texas. Trademark attorney P. Scott Craven noted in the refusal letter that the marks share similarities in appearance, sound, and commercial impression, even calling them “essentially phonetic equivalents.”

This refusal is a standard procedure when a proposed trademark too closely resembles an existing one, aiming to prevent consumer confusion. Trademark attorney Josh Gerben of Gerben IP commented that the refusal is “sound” and presents a challenge for Nike, stating, “Nike has got its work cut out for them to work around it.”

Potential Paths Forward for Nike

Nike has a three-month window to appeal the USPTO’s decision. One potential strategy, according to Gerben, is for Nike to negotiate with Back9 Golf Apparel directly. If Back9 consents to Nike’s use of the trademark, the USPTO might then grant Nike’s registration. This would involve reaching an agreement with the existing trademark holder.

This situation arises shortly after reports surfaced that Nike had filed for the ‘B9’ trademark. The application was submitted on March 2, just days after the release of the ‘Bronny James’ colorway of the Nike LeBron Witness 9 sneaker in his hometown of Cleveland. This particular sneaker, part of LeBron James’s signature collection, is priced at $115 online.

Existing Trademarks for Bronny James

It’s worth noting that Bronny James already has several approved trademarks. In 2022, “Bronny,” “Bronald,” and the signature “B J Jr.” were all approved by a different trademark company. These existing marks indicate a history of successful trademarking for the young athlete.

The outcome of Nike’s appeal or potential negotiation with Back9 Golf Apparel will determine if the ‘B9’ logo will eventually be associated with Bronny James’s brand.