Trademark Honduras 2018-03-22T13:47:28+00:00

A trademark is a distinctive sign, symbol or expression used to identify the products or services of a company from those of another. It guarantees the genuineness of the product of service, and gives its holder the legal rights to avoid their trademark’s unauthorized use.

  • It is the only way of obtaining rights to the trademark.
  • It provides national and/or local protection.
  • It allows demonstrate ownership of the trademark.
  • It helps discourage other people from using the trademark unlawfully.
  • Trademarks allow your business to effectively utilize the social media and make your customers find you easily.
  • If anyone uses your registered trademark, he/she will be presumed to be a willful infringer, and registering a trademark confers the ability to recover monetary damages as a result of the infringement.
  • If you don’t register your trademark and someone else registers a trademark very similar to yours, you’ll have to change its name and spend a lot of money changing advertising. It’s also possible that you lose customers.
  • Words
  • Names
  • Devices
  • Certain three-dimensional shapes
  • Colors
  • Slogans
  • Sounds
  • Trade dress/get-up
  • Holograms

Trademark protection in Honduras lasts 10 years from the registration date and can be renewed every 10 years. A renewal application must be filed within one year before expiration date.

The approximate time from application to registration (for a prosecution without an opposition) is five to six months.

An application is published for opposition purposes after formal examination of the application. The opposition period begins on the date of the first of three consecutive publications in the Official Newspaper, La Gaceta. and ends 30 business days counted from the date of the last publication in the Official Newspaper.

  • Name and address of the applicant.
  • State or country of incorporation.
  • Proof of citizenship.
  • List of goods or services provided.
  • Trademark representation.
  • Joint applicants are permitted in Honduras.
  • Actual use is or intent to use are not required for application.
  • Local address for service does not need to be provided if the applicant is not domiciled in this jurisdiction.
  • The list of goods and services may specify the relevant class heading, a list of names commonly used in the trade for the specific goods or services of interest and the relevant entire alphabetic class listing.
  • In Honduras, the type of registration available is national.
  • All documents must be translated into Spanish by an Argentine official translator.
  • All signed documents must be apostilled.
  • Honduras uses the Nice Classification System.
  • Honduras is a member of the Paris Convention, the Trademark Law Treaty, and the Nice Agreement.
  • Honduras is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.
  • European Union Trade Mark registration is not effective in Honduras.
  • Multinational regional registrations are not available in Honduras.
  • Applications cannot be filed online.
  • The official file cannot be accessed online.

If your trademark has been successfully registered and it is time for you to renew it, you can start the procedure one year before the expiration date. There is a six-month grace period to renew the trademark after the expiration date.

If you do not renew on time, you will need to file a complete new application.

No proof of use is required for renewal. Once renewed, it will be valid for another ten-year period starting from the previous expiration date.

Trademark renewal requirements:

  • Name and address of the applicant.
  • Trademark description.
  • List of goods or services provided.
  • Power of Attorney.
  • Trademark registration number.
  • Date of registration.

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