Trademark Registration in Honduras

In Honduras, trademark protection is granted only through registration. Actual use of a trademark, without registration, does not grant any rights. To secure ownership and exclusive rights over your sign, your trademark must be filed and registered.

You can register your trademark even if it has not yet been used in Honduras. The application must be filed before the Intellectual Property Office of Honduras, known as DIGEPIH.

If you register a combined trademark (with both word and figurative elements), the exclusive right to use the mark is limited to the exact configuration in which it was filed and registered. If you want to use the word element separately from the logo (or vice versa), it is recommended to file additional trademarks that cover only the word or only the figurative elements you wish to protect.

If you would like the figurative or design elements of your trademark to be taken into account in a Trademark Search Report for Honduras, you should contact us directly so we can determine whether this service is available in this jurisdiction. In such cases, service fees and estimated delivery times may vary.

To register a trademark in Honduras, you will generally need:

• Original Power of Attorney, signed, notarized, and legalized by Apostille or before the Consulate of Honduras.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average time frame to register a trademark in Honduras is around 12 months for straightforward cases. This is an estimated processing time based on current application timeframes and may vary considerably depending on the circumstances.

Once registered, a trademark in Honduras is valid for 10 years from the registration date. It can be renewed indefinitely for additional periods of ten (10) years each.

• A trademark may be renewed up to one year before its expiration date.
• After expiration, it can still be renewed during a six (6) month grace period, subject to the payment of extra fees (surcharge for late renewal).

As previously stated, use is not required for registration. However, after registration, if the trademark is not used by its owner for a period longer than three (3) years, third parties may file cancellation actions based on lack of use. In certain circumstances, the lack of use may be justified.

Yes. Third parties may file opposition actions against a trademark application in Honduras.

Oppositions must be filed within 30 business days from the last publication of the application in the official gazette. The chances of success for an opposition will depend on the specific circumstances of each case and the degree of similarity between the marks.

Use of a trademark is not required to register it in Honduras, and prior use does not create rights. You can obtain registration without having used the mark beforehand.

However, once the trademark is registered:

• If it remains unused for more than three (3) years, third parties may file cancellation actions for lack of use.
• The lack of use may be justified under certain circumstances.

Honduras recognizes three-dimensional (3D) trademarks through the Honduran Institute of Intellectual Property (IHPI). For 3D trademark registration, applicants must:

• provide a clear graphical representation of the mark from various angles, typically six views (front, back, top, bottom, left, and right),
• ensure that the shape is distinctive and not solely functional, and
• make sure any text or logos included in the 3D mark are clearly visible in the representations.

Honduras follows a first-to-file system, so prompt filing is important. The IHPI carries out a thorough examination to verify that the 3D mark meets all legal requirements before granting registration.