IP Law Daily, TRADEMARK—TTAB: Refusal of 'WEMBY' mark affirmed, mark falsely suggests connection with NBA player, (Jun 26, 2026)

By Jonathan Anderson

The Board concluded that the proposed mark is identical to Victor Wembanyama’s nickname, “Wemby,” and points uniquely and unmistakenly to him.

The Trademark Trial and Appeal Board (TTAB) affirmed the Examining Attorney’s refusal to register the proposed mark WEMBY for athletic apparel. The Board agreed that the refusal was warranted for two principal reasons: the false suggestion of a connection with professional basketball player Victor Wembanyama, and the proposed mark identifies a particular living individual without his written consent (In re Wemby Corp., No. 97752244 (T.T.A.B. Jun. 24, 2026)).

Background. Applicant, Wemby Corporation, sought registration on the principal register of the proposed standard character mark WEMBY for “athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms” in International Class 25. The Examining Attorney refused registration on two statutory grounds. The Examining Attorney determined that the Applicant’s mark falsely suggests a connection with Wembanyama, a National Basketball Association (NBA) player, under Section 2(a) of the Trademark Act, 15 U.S.C. § 1052(a). The Examining Attorney also determined that the WEMBY identifies Wembanyama and, absent his written consent to register the mark, registration must be refused pursuant to Section 2(c) of the Act, 15 U.S.C. § 1052(c).

False suggestion of connection. First, the Board found that WEMBY falsely suggests a connection with Wembanyama. Section 2(a) of the Act prohibits, in part, registration of “matter which may... falsely suggest a connection with persons, living or dead, institutions, beliefs or national symbols....” 15 U.S.C. § 1052(a).

A four-part test assesses whether a mark falsely suggests a connection with a person or institution. The first element of the test considers whether the mark is the same as, or a close approximation of, the name or identity previously used by another person or institution. The Board concluded that the proposed mark is identical to Wembanyama’s nickname, “Wemby,” and points uniquely and unmistakenly to him. The Board cited media coverage of Wembanyama using the “Wemby” nickname before Applicant’s filing constructive use date, in addition to evidence showing that Wembanyama self-identified as “Wemby” on social media.

The second element of the test considers whether the mark would be recognized as such, in that it points uniquely and unmistakably to the person or institution. The Board found that WEMBY is a well-recognized nickname that points uniquely and unmistakenly to Wembanyama. The Board reasoned that the entirety of the evidence shows that WEMBY is associated with Wembanyama.

The third element of the test considers whether the person or institution named by the mark is not connected with the activities performed by the applicant under the mark. The Board found there is no dispute that this element is satisfied because Wembanyama is not connected with Applicant or the goods.

The fourth element of the test considers whether the fame or reputation of the person or institution is such that, when the mark is used with the applicant’s goods or services, a connection with the person or institution would be presumed. The Board found that consumers would presume a connection with Wembanyama upon encountering use of WEMBY on the subject goods. The Board observed that because Wembanyama is a famous NBA basketball player and Applicant’s goods include athletic apparel, such as shoes and uniforms, there is an obvious and inherent connection between the person and the goods.

Lack of written consent. Second, the Board found that WEMBY identifies a particular living individual, Wembanyama, whose written consent is not of record. Section 2(c) of the Act prohibits registration of a mark that “[c]onsists of or comprises a name... identifying a particular living individual except by his written consent....” 15 U.S.C. § 1052(c). There are two ways to demonstrate that a name identifies a particular living individual: (1) if the person is so well known that the public would reasonably assume the connection, or (2) if the person is publicly connected with the business in which the mark is being used.

Based on the record, the Board found that the nickname WEMBY identifies Wembanyama under both approaches. Wembanyama’s fame as an NBA first draft pick, and reference to him as “Wemby,” is such that the public would reasonably assume a connection between Applicant’s WEMBY mark and Wembanyama, according to the Board. Wembanyama also has been publicly associated with goods identified in the application, and it is common knowledge that NBA players endorse athletic apparel.

The Case is Serial No. 97752244.

Attorneys: Olivia M. Muller (Erik M. Pelton & Associates, PLLC) for Wemby Corp. Anthony Rinker for the USPTO.

Companies: Wemby Corp.

Cases: Trademark USPTO PublicityRights