Prosecution Of A Trademark Application In Honduras
FILING
FORMAL AND SUBSTANTIVE EXAMINATION
PUBLICATION
OPPOSITION PERIOD
GRANTING
CERTIFICATE OF REGISTRATION
FILING
The filing date of a Honduran trademark is the one assigned when filing the application.
If priority is claimed, the filing date will remain the same but the priority date will be the one claimed.
FORMAL AND SUBSTANTIVE EXAMINATION
Within 2 months from the filing date
The Trademark Office will determine if the application meets the formal requirements and analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
If no obstacles are found, the Trademark Office will proceed to order the publication of the trademark.
PUBLICATION
Within 6 months from the order of publication
The trademark will be published for opposition purposes in the Official Gazette three times, for 10 days each.
OPPOSITION PERIOD
30 days counted from the last publication date
The opposition period starts as soon as the trademark is published for the first time and ends 30 days after the last publication.
GRANTING
Within 8 to 10 months from the filing date
If no obstacles are found, the Honduran Trademark Office will proceed to grant the trademark.
The mark will be protected for a period of 10 years, counting from the granting date.
CERTIFICATE OF REGISTRATION
120 working days counted from the day of the granting resolution
Once granted, the Trademark Office will order the issuance of a paper certificate of registration.
Useful Information
According to the applicable law, a trademark has a period of 3 years after its registration in which it cannot be cancelled. After that, any third party can apply for a cancelation action due to non-use.
It is relevant to also note that the use of the mark is not evaluated ex officio by the HOTMO, nor the owner must file periodically any prove of use. The evaluation of the use of a trademark is only done in the eventuality that a cancelation action is filed.