Trademarks in Honduras

Competent Authority

• Office Name: General Directorate of Intellectual Property / Dirección General de Propiedad Intelectual (DIGEPIH), operating under the Property Institute / Instituto de la Propiedad (IP).
• Working Language: Spanish.
• System Type: National system.

International Treaties

• Paris Convention: Member. Priority can be claimed within 6 months from the first foreign filing date.
• Madrid Protocol: Not a member. International registrations under the Madrid System cannot designate Honduras. Protection must be obtained via a direct national filing with DIGEPIH.

Applicant Eligibility & Representation

• Eligible Applicants: Natural persons and legal entities (domestic and foreign).
• Local Representation / Agent Requirements:
• Foreign applicants without a real and effective commercial establishment or domicile in Honduras must be represented by a licensed representative/trademark agent in Honduras.
• Power of Attorney (POA): Required. The POA must be signed by the applicant, notarized, and authenticated via Apostille (under the Hague Convention) or legalized by a Honduran Consulate.
• Late Submission: A copy or original of the POA can be submitted post-filing within a statutory period specified by DIGEPIH upon formal request.

Online Application & Search Database

• Electronic Filing: Administrative forms and processing are accessible through the official portal of the Instituto de la Propiedad.
• Public Search Database: DIGEPIH maintains an official registry database. Pre-filing availability searches are conducted directly through registry requests.

Registrable Mark Types

• Standard & Non-Traditional Marks: Words, figurative/logo marks, slogans (señales de propaganda), trade names (nombres comerciales), 3D shapes/packaging, sound marks, and distinct color combinations per se.
• Translation & Transliteration: Marks containing non-Spanish wording or non-Latin scripts require an accurate Spanish translation and phonetic transliteration.

Classification System

• Classification Standard: Nice Classification system.
• Single-Class System: Honduras enforces a single-class application system. Multi-class applications are not permitted; a separate application must be submitted for each individual class.
• Class Headings: Class headings are accepted provided the scope of goods/services is clear; specific itemization matching Nice standard terms is recommended.

Examination

• Examination Sequence: Under Honduran procedure, DIGEPIH conducts formal examination first to verify document compliance, absolute grounds, and relative grounds (prior rights search). Once cleared, an order of publication is issued.
• Absolute Grounds: Examined for distinctiveness, genericness, descriptiveness, deceptiveness, and public policy/morality conflicts.
• Relative Grounds (Prior Rights): Examined ex officio for likelihood of confusion with prior registrations or pending applications.
• Office Actions: Examiners issue formal requirements or preliminary refusals. Applicants are typically granted a response window of 1 to 2 months (extendable) to submit arguments or corrections.

Publication & Opposition

• Publication: Upon passing initial examination, the trademark must be published 3 times in the Official Gazette (La Gaceta).
• Publication Order Validity: The applicant has 6 months from the date of the publication order to complete the 3 notices in La Gaceta.
• Opposition Period: 30 calendar days starting from the business day following the third/last publication date in La Gaceta.
• Eligible Opponents: Any interested third party claiming prior rights, likelihood of confusion, or statutory grounds of inadmissibility.

Timeframe & Acceleration

• Average Timeframe: A smooth, un-opposed trademark application takes approximately 8 to 12 months from filing to certificate issuance.
• Expedited Examination: There is no official fast-track or expedited fee system available at DIGEPIH; applications are processed strictly in order of receipt.

Official Fees

(Official administrative fees in Honduras are set in Honduran Lempira - HNL and US Dollars - USD)

• Application Fee (per class / single-class): USD $100.00–$150.00 approx. (payable in local equivalent HNL at the official rate).
• Publication Surcharge: Variable fees payable directly to La Gaceta for publishing the 3 required notices.
• Registration / Grant Certificate Fee: USD $50.00–$75.00 approx. payable upon final approval.
• Renewal Fee (10 Years / per class): USD $100.00–$150.00 approx.
• Notice of Opposition Fee: USD $100.00 approx.

Term of Protection & Renewal

• Protection Period: 10 years calculated from the registration grant date.
• Renewal Requirements: Renewable every 10 years indefinitely.
• Grace Period: A 6-month grace period is granted after the expiration date to file for late renewal, subject to a late surcharge penalty.

Use Requirements & First-to-File vs. First-to-Use

• First-to-File System: Honduras operates primarily under a First-to-File system. Rights arise from registration, subject to limited statutory exceptions for bad-faith filings or prior use of well-known marks.
• Declaration of Use: Not required prior to registration or during routine 10-year renewal filings.
• Non-Use Cancellation: A trademark registration becomes vulnerable to non-use cancellation by an interested third party if it has not been genuinely used in trade within Honduras for 3 consecutive years following registration.
• Rehabilitation Fees: Rights holders can pay annual maintenance/rehabilitation fees to preserve rights and defend against non-use cancellation actions.

Post-Registration Transactions

• Assignments & Transfers: Assignments must be recorded with DIGEPIH to be legally effective against third parties. A notarized and Apostilled Deed of Assignment and POA are required.
• Licensing: Trademark license agreements should be recorded with DIGEPIH to produce legal effect against third parties.
• Changes of Name/Address: Recording with DIGEPIH is required to keep official ownership records up to date.

Enforcement & Legal Remedies

• Tribunals & Courts:
• General Directorate of Intellectual Property (DIGEPIH): Handles administrative opposition, invalidity, and cancellation proceedings.
• Civil Courts (Juzgados de lo Civil): Exercise jurisdiction over judicial trademark infringement suits, claims for commercial damages, and permanent injunctions.
• Well-Known Marks: Protected under the Industrial Property Law and Article 6bis of the Paris Convention. Registrations made in bad faith can be contested before civil courts.
• Customs Enforcement: Brand owners can coordinate with the Honduran Customs Executive Directorate (Administración Aduanera de Honduras) to intercept and seize counterfeit shipments at ports of entry.

Country-Specific Risks & Practical Notes

• Strict Single-Class Filing Requirement: Unlike multi-class jurisdictions in Central America, Honduras strictly prohibits multi-class filings. Each class requires an independent application file, power of attorney handling, and official filing fee.
• Triple Gazette Publication Requirement: Applicants must ensure that the application notice is published 3 times in La Gaceta. Failure to complete the 3 publications within the 6-month order timeframe leads to abandonment of the application.
• No Madrid Coverage: Because Honduras is not part of the Madrid Protocol, international brand owners must structure their filing budgets around direct national representative appointments and localized documentation.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.