It is possible that when applying for the registration of a trademark, a similarity between the distinctive signs may arise in different aspects: at the orthographic level, when the letters coincide in the segments under comparison, which increases the risk of confusion, or due to their length or the identity of their origins or terminology. This similarity may also occur at the phonetic level, which happens when, upon pronunciation, the signs have a similar sound (depending on the stressed syllable or the roots or endings), as well as at the conceptual level when several signs refer to the same idea, or a similar one.
Likewise, the fact that two signs may be identical or similar can produce two kinds of confusion: direct confusion, which is distinguished because the feature of identity or similarity induces the buyer to purchase a product or use a certain service believing that they are buying or using another, which implies the existence of a link between the products or services; and indirect confusion, which is characterized by the fact that the aforementioned feature makes the consumer consider that two products or services have a common business origin, contrary to what actually happens.
Thus, by way of example, in cases where a third party applies for the registration of a trademark that may generate confusion with one that is already registered and in force, usually the party who has the acquired right over it may file an opposition within the terms of the process due to the risk of confusion. However, it is important to highlight that if this is not the case, the Superintendence of Industry and Commerce may raise the existing risk of confusion ex officio and deny the requested registration, understanding that the prevention of this risk is of interest not only to other merchants but also to the consuming public.
Therefore, the absence of a specific opposition by a third party holding a prior registration does not condition the analysis nor can it prevent the non-registration of the new sign whose registration is sought.