The Japan Patent Office (JPO) Appeal Board overturned an examiner’s refusal of the word mark “We Are The World” in Classes 9, 35, 36, and 42 by finding that registering the title of the famous 1985 charity song by an unrelated third party would neither breach international comity nor disrupt fair trade under Article 4(1)(vii).
[Appeal case no. 2026-9743, decided on August 20, 2026]
“We Are The World”
The subject mark consists of the words “We Are The World” in block letters (see below), filed by a Japanese individual on October 6, 2025. [TM App no. 2025-114656]
Following amendments, the designated goods and services spanned four classes:
- Class 9: Computer software and electronics
- Class 35: Business management and advertising services
- Class 36: Financial and monetary services
- Class 42: Software-as-a-Service (SaaS) and technology services
JPO Examiner’s Refusal
The JPO examiner refused the application under Article 4(1)(vii) of the Japan Trademark Law, which prohibits the registration of trademarks that are likely to harm public order or morality.
The examiner reasoned that:
- World-Famous Song: “We Are The World” is a world-renowned charity song released in 1985, produced by Quincy Jones and co-written by Michael Jackson and Lionel Richie, sung by 45 famous artists under the name “USA for Africa.”
- Enduring Fame: Even after 40 years, the title remains widely recognized in Japan as a monumental charity anthem, frequently used in connection with global humanitarian relief projects (e.g., natural disasters, COVID-19 pandemic relief).
- Morality Violation: Allowing an individual with no connection to the song or its rights holders to register the mark without authorization would free-ride on the fame and reputation of a globally famous song. The examiner concluded that monopolizing the mark would injure the honor of the rights holders, disrupt fair trade, and violate international comity, thus running counter to public order and morality.
Dissatisfied with the decision, the applicant filed an appeal with the JPO Appeal Board on June 17, 2026.
JPO Appeal Board Decision
Upon ex officio examination, the Appeal Board revoked the examiner’s refusal and granted registration, providing the following reasoning:
- Meaning and Perception: While the Board acknowledged that the phrase is recognized to a certain degree in Japan as the title of the 1985 pop song, the constituent words (“We,” “Are,” “The,” and “World”) are extremely basic, elementary English words. Consumers can easily understand the mark as simply meaning “We are the world,” meaning the phrase does not invariably point to the song title alone.
- No Intrinsic Offensiveness: The phrase itself contains no immoral, obscene, discriminatory, extreme, or offensive elements.
- Strict Criteria for Article 4(1)(vii): The Board affirmed that Article 4(1)(vii) is applied narrowly. The evidence failed to demonstrate that:
- Use of the mark would violate public interest or general social morals;
- The mark is prohibited by other laws;
- The mark insults a specific nation/citizens or breaches international comity; or
- The filing circumstance was so socially unacceptable as to undermine the statutory trademark order.
Finding no concrete facts or special circumstances to justify a public morality bar—and discovering no other grounds for refusal—the JPO Appeal Board granted registration to the mark.