In some cases, a trademark or trade name that is similar to other previous ones can be registered, when the products, services or activities that they distinguish are sufficiently different so as not to give rise to error or the risk of association, for example, granting DULCILIA for distinguishing “blankets” in class 24, would not prevent the same designation being registered to protect "a periodic publication" under class 16. This so-called “speciality principle“ breaks down when dealing with well-known or famous trademarks. Well-known and famous trademarks enjoy legally strengthened protection, and the name CAMPOFRÍO, for example, could not be granted for “alcoholic drinks” in class 32, given its recognition in the food sector, even though not specifically related to drinks.
For each new application, the SPTO carries out a computer search and issues a notice, for information purposes only, advising the applicant or title holder of earlier registrations, that, if they wish, they can oppose. If there is no opposition from third parties, the SPTO cannot withhold or reject the new application on the grounds of its similarity to an earlier right.
