English
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
The territorial limit of registration is Honduras.
Yes, a power of attorney is necessary.
- may demonstrate acquired distinctiveness
- may help overcome an objection on the ground of non-distinctiveness
Attack on the ground of non-use is available.
- words
- names
- devices
- certain three-dimensional shapes
- colors
- slogans
- sounds
- trade dress/get-up
- holograms
- collective marks
- certification marks
- well-known marks
- service marks
The order of the application process is examination, publication, and registration.
- Applications are examined in respect of:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- The following application details are made available to the public:
- mark
- name of applicant
- address of applicant
- state or country of incorporation of applicant
- citizenship of applicant
- application number
- application date
- goods/services
- representation of trademark
- name of responsible attorney
- type of mark
- foreign registration information
- date of admission
- disclaimers
- marks contrary to moral standards or public order
- generic terms
- names, flags or symbols of states, nations, regions or international organizations
- non-distinctive trademarks
- marks that contain emblems or symbols of legally recognized charity organizations
Honduras uses the Nice Classification System.
Honduras is not a party to the European Union; hence the Community Trademark is not effective in this country.
- if an applicant's home country is a member of the Paris Convention
- if the home application was filed six months earlier than the application in this jurisdiction
A trademark must be used within three consecutive years at any point in the registration period.
The amount of use must be on a commercial scale and must occur in this jurisdiction.
The initial term of a registration is 10 years calculated from the registration date.
The first renewal date of a registration is 10 years from the registration grant date.
Use of an unregistered mark for any goods or services is legal.
Registration is necessary to obtain rights to a trademark. Honduras follows the "first to file" rule.
The national office is accessible online at the following URL: http://digepih.webs.com.
Neither actual use nor intent to use is required for application.
The following can be grounds for opposition:
- proprietary rights
- the mark is descriptive
- the mark is not distinctive
- the mark is misleading, deceptive or disparaging
- the mark is functional
- breach of copyright
- notorious or well-known mark
- protection of armorial bearings, flags and other State emblems
- representation of the proprietor of the mark
- trade names
- registered design rights
- rights in a personal name
- the mark is generic
- geographical indication;
- the mark is against public policy or principles of morality
The following parties may oppose an application:
- any interested party
- the owner of an earlier right
- a licensee
The following can be grounds for cancellation:
- available only on the ground of non-use
Nullity action is based on any of the grounds listed below:
- proprietary rights
- the mark is descriptive
- the mark is not distinctive
- the mark is misleading, deceptive or disparaging
- the mark is functional
- breach of copyright
- notorious or well-known mark
- protection of armorial bearings, flags and other State emblems
- representation of the proprietor of the mark
- trade names
- registered design rights
- rights in a personal name
- the mark is generic
- the mark consists of a geographical indication
- the mark is against public policy or principles of morality
The exclusive right to use the registered trademark is established.
The opposition period begins on the date of the first of three consecutive publications in the Official Newspaper, La Gaceta. Publications are made with intervals of 10 business days between each.
The opposition period ends 30 business days (excluding holidays and days that the Registry Office is closed) counted from the date of the last publication.
Honduras is not a member of the Madrid Agreement and the Madrid Protocol. International applications may not be designated in Honduras.
Periodic statements of use are not required.
Subsequent renewals last for the following period of time 10 years from the renewal date of the registration.
The first renewal date of a registration is 10 years from the registration grant date.
A power of attorney is necessary for renewals.
The grace period after the renewal date has expired is 6 months.