TTABlog Test: Is THRESHER WORM for Fishing Lures Confusable with THRASHER RODS for Fishing Rods?

The USPTO refused to register the mark THRESHER WORM for “Artificial fishing bait; fishing lures” [WORM disclaimed], concluding that confusion is likely with the registered mark THRASHER RODS for “Fishing rod blanks; Fishing rod handles; Fishing rods; Rods for fishing; Fishing gaffs; Structural parts of fishing rods, namely, Grips, Rings, Reel seats” [RODS disclaimed]. Applicant Good Sportsman argued, unsurprisingly, that the marks differ in appearance, sound, connotation, and commercial impression, and also that the goods are completely unrelated. How do you think this appeal came out? In re Good Sportsman Marketing, L.L.C., Serial No. 98897724 (June 3, 2026) [not precedential] (Opinion by Judge Angela Lykos).

The Marks: In addition to the differences in appearance and sound, Good Sportsman contended that the marks differ in connotation and commercial impression because "thresher" is a species of shark or a type of agriculture machinery used to separate grains from stalk or husks, whereas "thrasher" is a bird species or a moniker for an avid skateboarder.

The Board noted that each mark is comprised of two words and ends with a single, monosyllabic word, making them similar in structure and cadence. They begin with THRESHER or THRASHER, which is the portion of the mark consumers are most likely to recall. The record showed the "thresher" and "thrasher" may be synonyms: "When used as an intransitive verb, the word 'thrash' is defined as 'to move or stir about violently: toss about' or 'thresh.'"

The second words in each mark, WORM and RODS, are different in sound and appearance, but each is associated with fishing. "Considered within that context, THRESHER WORM and THRASHER RODS convey the same imagery of a fish splashing in the water or resisting being reeled in by a rod after being lured by bait."

Overall, the marks are similar in appearance and sound, and project a similar connotation and commercial impression. Consumers “have but dim recollections from having previously seen or heard one or the other of the involved marks.” Neutrogena Corp. v. Bristol-Myers Co., 410 F.2d 1391, 1393 (CCPA 1969).

The Goods: Examining Attorney Heather Kennedy established that the goods are related via three third-party registrations covering both lures and rods and three third-party websites offering these goods under the same mark. The Board also observed that lures and rods "are complementary goods since they are used together for fishing."

Other factors: The evidence demonstrated that the normal trade channels for the involved goods are the same, namely, online retail websites specializing in fishing equipment, and that the consumer classes overlap. Although some rods may be expensive and some purchasers sophisticated, there were no restrictions in the cited registration as to classes of purchasers and price.

We must therefore assume that Applicant’s and Registrant’s fishing equipment products are available to all members of the general public, including ordinary consumers of such products at all price points. This would include not only avid fishing enthusiasts and expert professionals, but also the novice hobbyist. While some of these consumers might be highly sophisticated and knowledgeable about fishing, others may be new to the activity. Basing our analysis “on the least sophisticated potential purchasers,” Stone Lion, 746 F.3d at 1325, this DuPont factor is neutral.

Conclusion: Weighing the relevant DuPont factors and finding that none favored the applicant, the Board affirmed the refusal.

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TTABlogger comment: I think the connotation discussion is a stretch. In the real world, do you think confusion is likely?

Text Copyright John L. Welch 2026.