[Decisions]
Service marks are assessed by their overall appearance, pronunciation and concept and the likelihood of source confusion. Where a mark has more than one natural pronunciation or concept, similarity in one may be relevant.
Earlier-used service mark 1 | Earlier-used service mark 2 | Earlier-used service mark 3 | The Registered Service Mark |
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[Similarity of the marks]
1. Appearance
The registered Whotel combines capital W with lowercase hotel. Earlier-used mark 1 combines W with Hotel. The spacing and capitalization differences are minor.
2. Pronunciation and concept
Both marks would be pronounced W Hotel and understood as a hotel identified by W.
[Decisions]
The two service marks are therefore∙identical or similar.
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