Bronny James won’t be getting his signature “B9” Nike sneakers after his trademark application for the logo was denied.
Not In The Trademark
The United States Patent and Trademark Office rejected the filing, citing a “likelihood of confusion” with an existing “B9” trademark.
That mark is already owned by Back9 Golf Apparel, which holds rights across similar apparel categories. Because of that overlap, officials determined the two marks are too similar in appearance and could easily be mistaken for one another.
Reports from Sports Illustrated and ESPN pointed to the existing trademark as the key issue behind the denial, while the Los Angeles Times noted that the similarities between the logos ultimately sealed the decision.
For now, that leaves Bronny’s “B9” branding — and any sneaker tied to it — on hold unless a new trademark strategy is pursued.
The marks on both the Bronny and golf shoes are too similar in sound and in commercial impression, with officials called them “phonetic equivalents,” according to Sports Illustrated.
Consumers could confuse them even if the designs differ, The Los Angeles Times reported.
Bronny’s logo features a lowercase gothic “b” with a “9.” Back9s uses a capital “B” with a separate “9.”
It is because of their trademarks cover overlapping goods like clothing with their stylistic differences not being enough to overcome the similarity, The Los Angeles Times reported.
Regulators assume they could compete in the same marketplace, with the USPTO wanting its role in preventing consumer confusion, The Los Angeles Times reported, ultimately, the agency wants to protect existing trademark holders from commercial harm.
The USPTO is resolving doubts in favor of Back9.
Nike filed for the logo in February, and Bronny has already worn the logo on player-exclusive sneakers.
The sneakers include versions of the Nike LeBron Witness 9, according to Sports Illustrated.
Nike has a limited window of roughly three months until mid-July to appeal the decision, The Los Angeles Times reported.
One possible next step is to appeal and argue the logos can coexist though considered an uphill battle, ESPN reported.
Another option is to modify the logo and refile which is widely seen as the strongest option, according to Sports Illustrated.
A third possibility is to negotiate a consent agreement with Back9 potentially costly but effective.
“The refusal is ‘sound’ and not surprising, noting Nike “has its work cut out” to overcome it,” said Trademark attorney Josh Gerben, ESPN reported.
Bronny already holds other approved trademarks: The other trademarks include “Bronny,” “Bronald,” and “B J Jr.” signature.