@spaced raises an excellent view from the practical perspective. I completely agree with him.

Tmwsiy boiled this down to its very essence , an is absolutely correct that the ultimate test applied here to determine the result (if practical decisions do not moot the point) is whether the alleged infringement causes consumer confusion; He is also right (or whoever raised it) that whether the mark at issue purports to be competing in the same industry/trade, increasing possibility of consumer confusion. Thx peeps.