HSM

Honduras Trade Mark Guide

Registration
A trade mark can be registered in Honduras pursuant to the Law of industrial Property, (Decree No. 12- 99-E) which provides for local trade mark applications.

The following information and documentation is required:

  1. name of the trade mark
  2. one copy of the mark (unless mark is word only)
  3. class(es) and specification of goods and/or services
  4. applicant’s name and address (if the applicant is a corporation then evidence of its registration issued by the Registrar of Companies must be provided)
  5. Power of Attorney (notarised and legalised / apostilled)
  6. certified copy of priority document (if priority is claimed)

It usually takes about 12 months for the Director General of Intellectual Property at the Secretariat of Industry, Commerce and Tourism to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Director General will issue a Registration Certificate.

Classes
The International Classification system is used. Multi-class applications are not allowed. A separate application is required for each class of goods and/or services.

Searches
In order to conduct a search the only documentation required is the name of the trade mark and one print of the mark (unless mark is word only). The result can usually be provided within two weeks.

Annual Fees
Once a trade mark has been registered in Honduras there is an annual fee payable to the Honduran Government each year.

When the annual fee has been paid the Director General will issue an official receipt. A mark cannot be renewed until all annual fees are paid.
Renewal

A trade mark registration is valid for 10 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the only documentation required is a Power of Attorney (notarised and legalised / apostilled).

The application for renewal should be filed prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee. After that time a new application for registration is required.

It usually takes between 8-10 months for the Director General to process an application for renewal. Once the renewal is complete the Director General will issue a Certificate of Renewal.

If you do not wish to renew the mark please inform us so that we can advise the Director General accordingly.

Rehabilitation Fees
If a trade mark has not been used in Honduras after the third anniversary, rehabilitation fees can be paid each year in order to avoid possible cancellation action by a third party on the grounds of “non-use”.

Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Director General accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in Honduras.

To record the assignment of a trade mark registration the only documentation required is the Deed of Assignment (notarised and legalised / apostilled) and a Power of Attorney (notarised and legalised / apostilled).

It usually takes between 8-10 months for the Director General to process an application to record an assignment. Once the recording is complete the Director General will issue a Certificate of Recording showing the assignment.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Honduras.

To record a change of name and/or address for a trade mark registration the only documentation required is the document evidencing the change (notarised and legalised / apostilled) and a Power of Attorney (notarised and legalised / apostilled).

It usually takes between 8-10 months for the Director General to process an application to record a Change of Particulars. Once the recording is complete the Director General will issue a Certificate of Recording showing the change.

Contact

E-mail: ip@hsmoffice.com

Tel: +1 (345) 949-4766

 

Mail:

PO Box 31726, Grand Cayman KY1-1207

Cayman Islands

 

Courier:

HSM, 68 Fort Street, George Town

Grand Cayman, Cayman Islands

MEMBERSHIPS

The firm is a member of INTA, CITMA, AIPLA and IPCA