Honduras (HN)

Legal basis is the Industrial Property Law of February 28th, 2000 (Decree No. 12-99-E dated of February 28th, 2000. 30 December 1999, in force since 28 February 2000).
Trademark protection is obtained by registration. It can also be acquired to some extent by sufficient public recognition. Notwithstanding the recognition that sufficient and ample use may provide, the main basis for enforcing and defending rights are obtained through registration.
Nice classification, 11th edition
The trademarks shall consist, among others, in fantasy denominations, names, pseudonyms, commercial slogans, shapes, portraits, letters, figures, monograms, labels, coats of arms, cotton prints, vignettes, fringes, lines, stripes, combinations and arrangements of colours. They shall also consist in the form, presentation or conditioning of the products or their packing or wrapping, or from the means or places of expenditure of the corresponding products or services.
The following trademark types are registrable: trade marks, service marks, collective marks, and trade names, emblems, slogans and signs, geographical indications, appellations of origin, and certification marks.
The application is filed at the Industrial Property Registration Office.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A power of attorney authenticated by a consulate of Honduras or by Apostille is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Prior to registration, the trademark application is published in the Official Newspaper “La Gaceta” three times with 10 days interval between the separate publications.
National:
Any interested party may file an opposition against the registration of a trademark within the period of publications and up to 30 business days counted from the day of the last publication. (Article 89 of the Industrial Property Law)
A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
here
Practical details on trademark use requirements are available in our publication
here
The official fee for filing a trademark application is HNL 50. The publication standard fee is HNL 4,386 (this cost depends on the number of products/Services, discounts may also be available). The official registration fee is HNL 700. The Registration Certificate stamp tax is HNL 5.
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Practical details on trademark licensing are available in our publication
here.
Country Index is a free service of SMD Group.
We thank the following law firms for their assistance in updating the information provided.
Nov 18, 2019
Dentons Muñoz Zacapa S.A., Tegucigalpa, Honduras
Okt 15, 2015
Bufete Mejia & Asociados, San Pedro Sula, Honduras

Nov 28, 2014
Bufete Mejia & Asociados, San Pedro Sula, Honduras

Aug 12, 2013
Bufete Mejia & Asociados, San Pedro Sula, Honduras

Gustavo Zacapa y Asociados, Tegucigalpa, Honduras
Mai 14, 2012
Bufete Mejia & Asociados, San Pedro Sula, Honduras

Nov 18, 2010
Moeller IP Advisors, Buenos Aires, Argentina