English
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.