[Principles of Judgment]
Service-mark similarity is assessed through overall appearance, pronunciation and concept, considering how ordinary consumers perceive the marks and whether their sources may be confused.
Earlier registered Service Mark 1 | Earlier registered Service Mark 2 | Applied-for service mark | |
| Mark |  |  |  |
[Comparison of the service marks]
1. Similarities of appearance
The application combines a petal graphic with Ritzplaza Hotel. The earlier marks use different graphic arrangements, including a crown, bow-tie imagery and PARIS wording.
2. Pronunciation
HOTEL describes the services, while PLAZA is commonly used in connection with shopping centers and large public spaces. RITZ can therefore function as the application's dominant element, producing the same or a similar pronunciation to the earlier marks.
[Decisions]
Despite different overall appearances, the shared dominant pronunciation created a likelihood of confusion for the designated hotel services.
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