The Japan Patent Office (JPO) overturned the examiner’s refusal, and granted registration of IR 1762131 for the word mark “Wemby” in Class 25 by finding that the term has not been well-known among Japanese consumers as a nickname for NBA superstar Victor Wembanyama.
[Appeal case no. 2025-650079, decided on July 23, 2026]
“Wemby”
The subject mark consists of the word “Wemby” in standard block letters for athletic clothing, namely, shirts, pants, jackets, footwear, hats, caps, socks, shorts, hoodies, sweatshirts, and athletic uniforms in Class 25 (International Registration No. 1762131).
The application was filed internationally by an individual named Michael Ward on October 23, 2023, claiming the Paris Convention priority based on a Canadian application filed on June 13, 2023.
JPO Examiner’s Refusal
On May 27, 2025, the JPO examiner issued a refusal decision under Article 4(1)(viii) of the Japan Trademark Law.
Article 4(1)(viii) prohibits the registration of trademarks that contain the name, famous abbreviation, or portrait of another person, unless consent from that person has been obtained.
The examiner reasoned that “Wemby” is a famous abbreviation/nickname for Victor Wembanyama, the French professional basketball player drafted by the NBA’s San Antonio Spurs, and that the applicant had not obtained Mr. Wembanyama’s consent.
Dissatisfied with the decision, the applicant filed an appeal with the JPO Appeal Board on September 11, 2025.
JPO Appeal Board Decision
Upon ex officio examination, the Appeal Board revoked the refusal and admitted the mark for registration, citing the following key grounds:
- Inherent Meaning: “Wemby” is not a standard dictionary word in Japan and is perceived by consumers as an invented/coined word without a specific meaning.
- Recognition Among Fans vs. General Public: While the Board acknowledged that “Wemby” is known to a certain degree among basketball enthusiasts as the nickname of Victor Wembanyama, Article 4(3) mandates that the requirements of Article 4(1)(viii) must be satisfied both at the time of filing and at the time of the Board decision.
- Assessment at the Priority Date: The crucial benchmark date for assessing well-knownness was June 13, 2023 (the Canadian priority date). The Board found no concrete evidence demonstrating that the nickname “Wemby” was widely known among the general public in Japan as of June 13, 2023, prior to his NBA debut season taking full effect.
Consequently, the Board concluded that “Wemby” could not be regarded as a “well-known abbreviation of another person’s name” under Article 4(1)(viii) at the time of filing.
Finding no other grounds for refusal, the JPO Appeal Board granted registration to the mark.