The Supreme Court examined whether a company can claim exclusive ownership of a single letter of the alphabet.
The case involved a dispute between a major hotel chain and a real‑estate developer over trademark applications for “W GLOBALCENTER” and “W FIFTHAVENUE” in Class 36, as well as a petition to cancel an existing “W TOWER” registration.
The hotel chain argued that the contested marks were confusingly similar to its own “W” word mark and its stylized “W HOTELS” mark, which cover a range of hospitality and related services.
The Intellectual Property Office rejected the claim to monopolize any alphabet letter, emphasizing that the hotel chain’s marks relate to hotels and resorts while the developer’s marks pertain to high‑end real‑estate projects, and that consumers in these sectors are discerning.
The appellate court affirmed that no likelihood of confusion existed between the plain “W” marks and that the services differed.
On further appeal, the Supreme Court reiterated that a plain letter used as a word mark lacks the distinctiveness required for exclusive ownership.
However, the Court found that the hotel chain’s stylized “W” mark, as featured in “W HOTELS,” is the dominant element of the contested marks and creates a likelihood of confusion with the developer’s stylized versions.
Applying the Dominancy Test, the Court held that the overall visual impression of the dominant feature outweighs minor differences, and that generic additions such as “TOWER” do not alter the dominant stylized “W.”
The Court also noted that classification of goods and services is no longer the primary determinant of relatedness; the overlapping nature of hospitality, real‑estate and lifestyle services makes the marks sufficiently related.
As a result, the Supreme Court denied the developer’s trademark registrations and ordered the cancellation of the existing “W TOWER” mark, granting relief to the hotel chain.
The decision clarifies that while a plain alphabet letter cannot be monopolized, a distinctive stylized rendering of that letter may be eligible for trademark protection.
