Legal basis is the Industrial Property Law of February 28th, 2000.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
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 Patent 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 daily „La Gaceta“ three times with 10 days interval between the separate publications.
Any interested person shall present opposition against the registration of a trademark within the day of the last publication (3rd) and up to 30 business days.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.
A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.
The grace period is 6 months from the expiration date of the trademark.
If for a continuous period of at least 3 years (beginning with the registration) the trademark has not been used, it may be subject to cancellation. Although rehabilitation taxes can be paid, this official payment is equivalent to the use.
The official fee is USD 165.00 (approx. EUR 120.00) per class.
Trademark Licence Agreement
In Honduras licence agreements must be in writing. It is permitted to license the use of unregistered trademarks. A trademark may be licensed for some or all of the goods or services covered. Licences may be exclusive or non-exclusive. The sale of a registered trademark does not automatically terminate the licence. There are statutory provisions prescribing the terms of licensing.
The following regulations shall apply to licence agreements if not provided otherwise:
1. The licensee shall have the right to use the mark in the whole Honduran territory during the licensed trademark registration term, including its renewals and in respect to all products or services covered by the mark.
2. The licensee may not assign the licence or grant sub- licences.
3. The licence will not be exclusive.
4. If the licence is exclusive, the licensor shall not grant other licences or use the involved mark(s) by itself.
There are provisions in law for the recordal of a licensee with the Trademark Office. Recordal is voluntary but advisable for purposes of enforcement. A licence agreement must be recorded before the Honduran Trademarks Office to have effect against third parties. There is no time frame for a recordal and there is no prescribed form or content for a licence agreement.
The licence becomes enforceable between the parties when the contract is executed and against third parties when it is recorded at the Trademarks Office. The licence is not required to be published.
There is an evidentiary presumption that use by a recorded licensee is permitted use. Only duly registered licensees may act together with the trademark owner in opposition and infringement cases including actions before the General Attorney’s Office Division of Intellectual Property. He may also call upon the trademark owner to institute infringement proceedings but he may not institute proceedings in his own name if the proprietor refuses or neglects to do so.
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