How to file a Trademark in Honduras?

What is a trademark in Honduras?

A trademark in Honduras consists of 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 colors. They also consist of the products’ form, presentation, or conditioning, their packing or wrapping, or the means or places of expenditure of the corresponding products or services.

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.

A trademark in Honduras has the right to exclusively use a trademark and may prevent third parties from using or copying the trademark. 

Contact us to initiate the process of filing a Trademark in Honduras. Click Here.

How to file a trademark in Honduras?

To file a trademark in Honduras can be done personally; the form must contain at least the following:

Note: A trademark application in Honduras must be filed in Spanish. Filing in a foreign language with late submission of Spanish translation is not possible.

Our in-house translators can assist you.

To proceed with a trademark application in Honduras, you will need to provide the following information and documents:

1. Trademark Name: If the mark includes a design or a combination of word and design, please also submit the corresponding specimens.

2. Applicant Details: Include the complete name and address of the applicant, along with the state or country of incorporation.

3. Power of Attorney: This must be signed by the applicant or an authorized officer of the applicant company. Additionally, the signature must be notarized by a Notary Public and legalized with an Apostille.

Also, you may need to file a patent in Honduras. 

How is the process of filing a Trademark in Honduras?

Previous Search: Applicants should verify that their distinctive sign is available before beginning the application process. Some restrictions may apply to what qualifies as a trademark. You can contact us for guidance on these restrictions. We will assist you and conduct a search free of charge. 

Submission of Application: After applicants complete and submit the trademark application, the IP Office of Honduras reviews it for errors or missing information.

Examination: The IP Office begins the examination by checking whether the application meets all formal requirements.

Opposition: Once the IP Office verifies the application, it publishes the application in the Honduran Intellectual Property Gazette. Interested third parties have 30 working days from the last publication date to file an opposition and submit supporting evidence.

Formal Examination: After the opposition period ends, the examiner reviews whether the application meets all requirements, including applicant name, nationality, address, and proper classification of goods or services.

Review and Trademark Certificate: The registration process typically takes 8–9 months if no issues arise. After paying the registration fee, the IP Office usually issues the certificate within 45 days.

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FAQ

• How long does a Trademark Registration take? The average time for a Trademark in Honduras to be approved is about 10 months, if there are no objections or oppositions.How long does the right to a Trademark last? The term of the right of your trademark in Honduras is 10 years from the registration date.