Trademarks Filing and Prosecution Honduras
A trademark is a sign that is registered to distinguish a product or service in commerce. There are other types of signs used in trade that can also be registered with the IP Office of Honduras, such as logos, designations of origin, geographical indications, collective marks and certification or guarantee marks.
In order to legally protect a trademark or other sign used in commerce, it is necessary to register it with the IP Office of Honduras. In Honduras, trademark protection is granted according to the provisions of the Industrial Property Law (Decree No. 12-99-E dated 30 December 1999, in force since 28 February 2000).
Trademark in Honduras may be designated by the following symbols:
- ® (for a registered trademark)
- ™ (for an unregistered trademark)
A trademark typically consists of a name, word, phrase, logo, symbol, design, image, or a combination of these elements. In addition to conventional trademarks, Honduras also allows the registration of non-traditional trademarks, which may include marks based on colour, smell, or sound.
A registered trademark grants the owner exclusive rights to use it in relation to the registered goods or services, or to authorize another party to use it in exchange for payment. Trademark protection helps prevent unfair competition, such as counterfeiting, by prohibiting others from using similar or identical marks to market inferior or unrelated products or services.
The owner of the registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark, and can license it to the third parties, sell it in return of sum, use it raise equity for business undertakings.
| Relevant office | Institute of Intellectual Property (DIGEPIH) |
| Filing principle | First to file |
| Nice classification | YES |
| Paris convention | YES |
| Madrid system | NO |
| Multi class system | NO |
| Documents required for filing a trade mark application | Power of attorney duly legalised by the Honduran Consulate or Apostille. Applicant details, mark, class and list of goods. Certificate of incorporation or extract from the commercial register legalised by the Honduran Consulate. |
| Prosecution process | Filing, Formal examination, Substantive examination, Publication, Registration, Renewal |
| Registration term | 10 years from the date of registration |
| Renewal term | 10 years |
Trademark searches in Honduras
A trademark search in Honduras can be conducted for both word and device marks. It is advisable to carry out a search prior to filing a trademark application to determine the availability of the mark and to identify any prior identical or similar trademarks on the register. This helps to avoid objections or oppositions during the registration process.
Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Honduras.
Filing trademark applications in Honduras
A person may file single class trademark application in Honduras.
Trademark application can be filed in the following categories:
- Ordinary Applications
- Convention application (claiming priority from a convention country)
Ordinary application in Honduras
Ordinary trademark applications filed in Honduras are applications without claiming any priority. However, the trademarks act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.
Priority trademark applications in Honduras /Convention trademark applications Honduras:
A priority trademark application may be filed in Honduras. A priority trademark application should be filed in Honduras within 6 months after the date on which the application was made in the convention country.
Paris convention
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Honduras within six months after the date on which the application was made in the Convention Countries.
Trademark classes for goods and services
Guatemala follows the nice classification of classes. Intellectual property office of Honduras uses the nice classification of classes that groups together similar goods or services into 45 different classes. Classes 1 to 34 are assigned for the goods and classes 35 to 45 are assigned for the services. Each class contains well defined list of terms and cover all the goods and services.
Trademark Examination in Honduras
Formal Examination: once the application is submitted with the IP Office, the application goes through a formal examination to ensure that the application complies with all formal requirements. If the application is in order, the substantive examination will be conducted.
Substantive Examination: Once the application complies of all the formal requirements, the application will go through the substantive examination which is based on the Absolute and relative grounds of refusal.
Trademark Opposition in Honduras
The application is published in the official gazette, La Gaceta, for a period where third parties can file oppositions. This opposition period runs for 30 business days following the final publication, which is the third of three consecutive publications spaced 10 days apart. Any interested party can within that period of time, has the right to file the opposition with the IP Office of Honduras.
Trademark registration in Honduras
After the examination, opposition process is completed and the mark is accepted for registration, the mark will be registered for a period of 10 years from date of application and the registration certificate is issued.
Trademark Renewal in Honduras
You can renew your trademark right by filing a request for renewal twelve (12) months before the trademark right expires.