In short
In April 2026 the USPTO refused Nike's B9 logo application under Section 2(d), citing an existing registration held by Back9 Golf Apparel. The examiner found the marks phonetically equivalent for related goods, which shows the likelihood-of-confusion rule applies regardless of company size.
What Actually Happened
In April 2026 the USPTO issued a refusal against Nike's application for a B9 logo tied to Bronny James. The cited mark was owned by Back9 Golf Apparel, an Austin-based company. The examiner's reasoning was that the marks are phonetically equivalent - B9 and Back9 sound alike when spoken - and that both were being used for clothing and footwear, so consumers could reasonably be confused about the source.
Nike was given three months to respond. The options available were the same ones available to any applicant: argue against the refusal, amend the application, or negotiate a consent agreement with the other owner allowing both marks to coexist. The mechanics are the same for a one-person brand — see how a 2(d) refusal is answered.
Sound Counts as Much as Spelling
A likelihood-of-confusion analysis weighs appearance, sound, meaning and overall commercial impression. "It is spelled differently" is not a defence. B9 and Back9 look nothing alike on the page and that did not matter, because they are close to indistinguishable when said aloud.
If you are choosing a name, say it out loud and search for what you hear rather than only what you type. A phonetic near-match in your own category is a real risk even when the spelling is clearly different.
The Class Is Where the Collision Happens
A golf apparel company and a global sportswear brand are not obvious competitors. But both were in clothing and footwear, and that overlap is what made confusion plausible. Two similar names in genuinely unrelated categories often coexist without issue; two similar names in the same class rarely do.
This is why the goods and services description on your application matters more than most people expect. It is the boundary of your protection, it can be narrowed later but never expanded, and it decides who you collide with.
A Smaller Registration Beats a Bigger Budget
Back9 Golf Apparel is not the larger company. It did not need to be. An existing registration in the relevant class is a legal position, and legal positions do not scale with marketing spend.
That is the whole argument for filing early rather than filing once you can afford to worry about it. The cost of filing does not change with your size. The cost of losing a name you have already built on does.
What This Means If You Are Not Nike
Receiving a refusal is normal. It is not a judgment on your brand and it is not the end of an application. What ends applications is the response window closing while the applicant is still deciding what to do.
Nike had three months. You have whatever period your own letter states - and the date printed on your document is the only one that counts. Do not rely on a date quoted by anyone, including us, and do not assume it is six months. Response periods have changed in recent years.
The practical order is unglamorous: check the name before you commit to it, describe your goods and services carefully, and read your own status in USPTO TSDR rather than relying on memory or an email that may have gone to an address you no longer check.
Frequently asked questions
A refusal issued when the examining attorney believes your mark is too similar to an existing registered or earlier-filed mark, used on related goods or services, such that consumers could be confused about the source. It is the most common substantive refusal.
No. It is a preliminary refusal with a response deadline, not a final denial. Many are overcome with a well-argued response addressing the legal factors.
The USPTO cited an existing registration held by Back9 Golf Apparel, finding B9 and Back9 phonetically equivalent and the goods related. Company size is not a factor in the likelihood-of-confusion analysis.
Read the response date printed on the office action itself in TSDR, and check [what your status code actually means](/uspto-status-codes). Do not assume six months and do not rely on a date quoted by anyone, including us. Missing it abandons the application.
Not through size alone. The register works on priority and likelihood of confusion, which is why a golf apparel company's earlier registration was cited against Nike rather than the other way round.
Our office action response is $299 flat, whatever the refusal turns out to be. An attorney reads your actual refusal rather than applying a template, and the fee does not change with difficulty.
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This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Trademark outcomes depend on the specific facts of each application.