TTABlog Test: Is WORLDLE Confusable with WORDLE for Game Software?

The New York Times opposed an application to register the mark WORLDLE for "Providing online non-downloadable game software," claiming a likelihood of confusion with its registered mark WORDLE for "Downloadable computer application software for social networking, namely, for posting, showing, or displaying information in the field of electronic gaming via the Internet, namely, software for playing word puzzle games." The Board found Applicant’s non-downloadable game software to be "very closely related" to NYT’s downloadable software for playing word puzzle games. But what about the marks? Does that extra "L" make a difference? The New York Times Company v. Worldle LLC, Opposition No. 91291631 (November 4, 2026) [not precedential] (Opinion by Judge Thomas L. Casagrande).

Beginning with the marks, the Board found that the first DuPont weighed in favor of Opposer NYT.

[W]hile the marks aren’t identical, we find that they look very similar and that many consumers will pronounce them similarly. As to meaning, we find, based on the limited record before us, that to the extent that some consumers derive any meaning from them (as opposed to viewing them as made-up words) both marks are suggestive of puzzle games, one involving words and the other involving geography. Overall, the marks, viewed in their entireties, are quite similar.

The Board noted that the opposed application is not limited to any particular type(s) of game, so the identification of goods encompassed NYT's "word puzzle games." The Board found "a close intrinsic relationship between the respective goods and services." NYT provided evidence that four other companies own active registrations that identify both downloadable game software and the service of offering nondownloadable game software. "This constitutes a bit more evidence that consumers view the respective software products and services to be related."

As to the third DuPont factor, "where, as here, the goods and services are very closely related, we presume that they’re distributed through the same channels to the same types of customers." Moreover, the game software is offered to the general public, and so the customer classes "plainly overlap."

The fourth factor, puchaser care, favored NYT: "The general public includes a substantial proportion of unsophisticated consumers. And because the game software is free and therefore subject to impulse downloading, the degree of care in choosing game software is likely to be low."

Applicant argued that the mark WORDLE is weak, but its evidence was deemed to "move the needle little." The Board found the WORDLE mark to be suggestive and thus inherently distinctive, "possessing a degree of conceptual strength on par with the average mark that has been registered without a showing of acquired distinctiveness under Section 2(f)." As to commercial strength, WORDLE is "strong and well-known." In sum, the Board deemed the sixth DuPont factor to be neutral, while the fifth factor weighed in favor of the NYT.

Applicant pointed to the lack of actual confusion despite four years of concurrent use, but the Board was unimpressed: "When the goods and services are very inexpensive (or, here, free) consumers are less apt to spend the time and effort to report instances of confusion." Furthermore, as Applicant itself pointed out, any instances of actual confusion can quickly be corrected "at zero cost" by simply closing the browser tab for Applicant’s game. "This further saps consumers’ incentive to report any instances of actual confusion and, thus, the probative value of the lack of such evidence."

In these market circumstances, we find the lack of actual confusion evidence neutral or, at best, to weigh only very slightly in Applicant’s favor.

The Board found factors 9 through 13 to be neutral. "It is clear to us that, on balance, the relevant factors overwhelmingly weigh in favor of a conclusion that Applicant’s mark is likely to cause confusion in view of Opposer’s registered mark." And so, the Board sustained the opposition.

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TTABlogger comment: If one noticed the different spellings, one might think that WORLDLE is a variant of, or a brand extension of, the WORDLE game.

Text Copyright John L. Welch 2026.