W-Travel AG filed an application for a Community trade mark in 2008 for classes 35, 36, 39, 41, 43. The mark is:
Starwoods Hotel & Resorts Wordlwide Inc. filed opposition against the mark on the basis of its earlier marks for the same classes:
OHIM rejected the opposition on the ground that the letter W is devoid of distinctiveness. The rest parts of these trademarks are descriptive. The only distinctive element is the font of the letter. It is different in those marks, so that consumers would not be confused.
Starwoods Hotel & Resorts Wordlwide Inc. appealed that decision.
According to the Board of Appeal the letter W is the dominant element in marks, so it will be remembered by consumers. The Board cites the European Court ruling according to which individual letters, though are indistinctive by it's nature, if they have the dominant position in the brand, they instantly make an impression and are easily remembered.
Individual letters can be protected as trademarks if they have their own specific type of writing.
In the case of those brands, they have a font but the differences in it are very small, making it possible presence of a consumer confusion.
Other elements of trademarks are descriptive but are conceptually similar.
For these reasons, the Board of Appeal confirmed opposition against later trademark.
http://intellectualpropertyplanet.blogspot.com/2011/04/is-w-similar-to-w-w-w.html
