When a trademark applicant seeks to register its mark in standard character format, the resulting trademark registration may confer rights in the mark depicted in any font style, size or color. Trademark Rule, 2.52(a), 37 C.F.R. § 2.52(a).

In NIKE, Inc. v. Timothy Jinks, Opposition No. 91278263 (TTAB July 9, 2024), the applicant sought to register 4IR in standard character format as a word mark for "shirts" in Class 25. NIKE opposed based on its AIR trademarks. There was no dispute that NIKE has continuously used marks consisting of or incorporating the word AIR in connection with footwear and apparel in interstate commerce for decades. 

The TTAB found that AIR and 4IR were similar in appearance because the number 4 may be presented in a variety of manners that closely approximate the letter A. 

Should Applicant employ a stylized version of its 4IR mark, whereby the number 4 closely resembles the letter A, consumers encountering that mark on shirts may mistakenly believe this is another fanciful use by Opposer of its AIR mark on apparel.

Accordingly, the TTAB sustained the opposition under Section 2(d) because the 4IR mark was visually similar to NIKE's commercially strong AIR mark, and the parties' goods are legally identical and will be offered for sale in the same trade channels to the same classes of consumers.