Overview
- The patent office issued the refusal Tuesday, citing a likelihood of confusion with Back9 Golf Apparel’s registered B9 mark.
- Examiner P. Scott Craven wrote that the marks look and sound similar and convey the same commercial impression for overlapping apparel goods.
- Back9 began using the B9 mark in 2020, filed in 2021, and secured federal registration in 2022 for clothing.
- Nike filed the B9 application in February and had already showcased the logo on Bronny James’ player shoes in images posted April 12.
- Nike has three months to respond through an appeal or a consent agreement with Back9, and a trademark attorney called the government’s refusal technically sound and an uphill battle to overturn.