UKIPO Invalidates WORDLE Mark in Bad Faith Ruling

The UK Intellectual Property Office has upheld an invalidity action brought by The New York Times against a UK designation of an international registration for WORDLE. The mark, owned by Stefan Heine, covered goods and services in several classes. The Hearing Officer found the application had been made in bad faith. The decision also recognised the newspaper’s earlier unregistered rights in the word WORDLE in the UK. The proceedings were consolidated with an opposition to the newspaper’s own application for the mark. No UK registered trade mark was required for the invalidity claim to succeed. The ruling confirms that bad faith can be established where an applicant lacks a genuine intention to use the mark across the breadth of the specification claimed. It also illustrates how unregistered rights can support invalidity actions before the UKIPO.

Small-business owners should document their intended use of marks at filing to reduce bad-faith risks in future challenges.