Trademarks Law in Honduras
Certainly! Here’s an overview of trademark law in Honduras:
Trademark Law in Honduras
1. Legal Framework
Trademark protection in Honduras is governed primarily by the Industrial Property Law (Decree No. 12-99-E), enacted in 1999.
The General Directorate of Industrial Property (DIGERPI) under the Ministry of Industry and Commerce oversees trademark registration and enforcement.
Honduras is a member of several international treaties, including:
The Paris Convention for the Protection of Industrial Property
The Madrid Protocol (joined in 2002)
The TRIPS Agreement
2. Definition of a Trademark
A trademark is any sign capable of distinguishing goods or services of one enterprise from those of others.
Includes words, names, logos, letters, numerals, shapes, colors, sounds, or combinations thereof.
3. Registration Process
Trademarks are registered with DIGERPI.
The procedure involves:
Filing the application with applicant details, representation of the mark, and list of goods/services.
Formal examination to check completeness.
Substantive examination for distinctiveness and conflicts with prior marks.
Publication for opposition purposes.
Registration if no valid opposition or after successful defense.
4. Duration and Renewal
Trademark registration lasts 10 years from the filing date.
Renewable indefinitely in successive 10-year periods upon payment of renewal fees.
5. Rights Conferred
Exclusive right to use the trademark on registered goods/services.
Right to prevent unauthorized use or imitation.
Right to license or assign the trademark.
6. Infringement and Enforcement
Infringement includes unauthorized use of identical or confusingly similar marks.
Enforcement includes civil lawsuits, administrative actions, and criminal penalties for counterfeiting.
Remedies include injunctions, damages, seizure, and destruction of infringing goods.
7. International Registration
As a Madrid Protocol member, Honduras accepts international trademark registrations designating Honduras.
Foreign applicants can file directly with DIGERPI or via the Madrid System.
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