Why and how to register a trademark in Honduras

Trademark protection in Honduras is granted through registration. Actual use of a trademark in Honduras will not grant the user any rights. In order to protect one’s trademark and secure ownership of it, a trademark in Honduras must be registered.

It is not necessary for a trademark to be used in Honduras in order for it to be registered. Thus, one may register their trademark before actually using it.

In order to register a trademark in Honduras, the application will have to be filed through the Intellectual Property Office of Honduras (DIGEPIH).

If you register a combined trademark (which includes both word elements and figurative elements) in Honduras, the exclusive right to use the trademark is limited to a use of the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.

Opposition actions against the registration of a trademark in Honduras must be presented within 30 business days from the last publication of the application of the trademark in Honduras in the official gazette.

A registered trademark in Honduras will remain valid for a period of ten (10) years from its date of registration. Trademarks may be renewed for additional ten (10) year period. There are no limits to how many times a registered trademark in Honduras may be renewed. One may renew a trademark in Honduras up to one year before its expiration date. Once a trademark expires, it may still be renewed up to six (6) months after its expiration date upon payment of extra fees (surcharge for late renewal).

As previously stated, use of a trademark is not required in order to register it. However, once registered, if a trademark goes unused by its owner for a longer period than three (3) years, third parties may present cancellation actions based on lack of use. Lack of use of a trademark may be justified under certain circumstances.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Honduras (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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