Apr 30, 2020 (Newsletter Issue 6/20)Online Filing System IntroducedOn April 27, 2020, the Honduran Trademark & Patent Office has implemented an online system for trademark applications and renewals, which is working irrespective of the quarantine ordered.
Online applications can now be filed in the jurisdictions Honduras, Belize, Dominican Republic, Ecuador and Paraguay.
Online applications directives for patent filings are expected to follow shortly.
Source: Bufete Mejia & Asociados, Honduras The legal basis is the Industrial Property Law (Decree No. 12-99-E dated 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 is registration.
If two (2) or more persons simultaneously apply for the registration of the same trademark for the same products or services, the registration will be granted to the person who has been using the trademark in Honduras, without interruption, from the earliest date, unless it is a well-known trademark that was adopted in bad faith by the user.
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.
Without prejudice to the other provisions of the Industrial Property Law and other applicable regulations, trademarks may also consist of national or foreign geographical indications, provided they are sufficiently distinctive in relation to the products or services to which they are applied, and their use is not likely to create confusion or cause the public to have erroneous or unjustified expectations regarding the origin, provenance, qualities, or characteristics of the products or services for which the trademarks are used.
The following trademark types are registrable: trademarks, service marks, collective marks, trade names, emblems, slogans and signs, geographical indications, appellations of origin, and certification marks.
The application is initially filed digitally through the WIPO FILE government platform (Presentación En Linea de Solicitud de Marcas, ip.gob.hn) and later filed physically with the application number granted by 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 duly notarized and Legalized by the Apostille or by a consulate of Honduras 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-day intervals 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).
The opposition must be filed stating the grounds on which it is based, accompanied by or announcing the relevant evidence, and must be substantiated in accordance with the procedure established in the 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
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is HNL 50. The publication standard fee is HNL 5,500 (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
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
Oct 01, 2024
Bufete Mejia & Asociados, San Pedro Sula, Honduras
