The short answer
Under the Industrial Property Law (Decree No. 12-99-E, as amended by Decree No. 16-2006), a trademark registration lasts ten years from the date of grant and renews for successive ten-year periods, provided the annual maintenance fees have been paid. Renewal is requested in the year before expiry, with a six-month grace period and a surcharge. Opposition must be filed within thirty days of the last publication notice, and cancellation for non-use follows three uninterrupted years.
Trademark deadlines in Honduras at a glance
These rules come from the Industrial Property Law of Honduras (Decree No. 12-99-E, amended by Decree No. 16-2006), read in the official Spanish text on WIPO Lex, which we have translated. Fees are set by separate rules, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years from the date the registration is granted, renewable for successive ten-year periods (Articles 92 and 93). |
| Which date does the term count from? | The date of grant (concesión) of the registration (Article 92). A renewal counts from the expiry of the previous registration (Article 93). |
| When can I renew? | The owner files a renewal request with the Industrial Property Registry within the year before the expiry date, and must have paid the annual maintenance fees (Articles 93 and 94). |
| Is there a grace period? | Yes. The renewal can also be made within a grace period of six months from the expiry date, paying the surcharge in addition to the renewal fee (Article 94). |
| Opposition period | Any interested person can oppose registration within the publication period and up to thirty days from the date of the last publication of the notice announcing the application, giving the grounds and evidence. The opposition follows the procedure in the Regulations (Article 89). |
| Reply to an office action | The Registry examines the application and notifies objections, and the applicant has the time set in the Regulations to reply. If there is no opposition within the period, the Registry registers the mark (Article 91). |
| Priority claim | The Law recognises priority from an earlier application in a Paris Convention state. We confirm the claim steps when we file. |
| Non-use | A registration can be cancelled if the mark has not been used for the three uninterrupted years before the cancellation action, unless there are justified reasons or the annual rehabilitation fee was paid. Non-use can also be raised as a defence in opposition, nullity or infringement proceedings. |
| Assignment | Transfers and licences of marks are governed by the Law and recorded in the Registry (Articles 100 and 101). |
Who can register a trademark in Honduras
Any person can apply for registration of a mark. The Law also covers collective marks and other distinctive signs.
Representation. We act as your attorney before the Registry. We confirm any local representation rule before filing.
Trademark registration process in Honduras
Search
- Search the the Industrial Property Registry of Honduras (Instituto de la Propiedad) records for identical or similar marks in your classes.
File the application
- File with the the Industrial Property Registry of Honduras (Instituto de la Propiedad), through your Honduran attorney.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication of the notice, any interested person can oppose within the publication period and up to thirty days after the last publication (Article 89).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Industrial Property Registry of Honduras (Instituto de la Propiedad) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Honduras trademark validity and renewal
- A registration lasts ten years from the grant date.
- Pay the annual maintenance fees.
- Renew in the year before expiry, or within six months after with a surcharge.
- Use the mark in Honduras to avoid cancellation after three years.
Diarise the renewal year from the grant date and keep up with annual fees.
Assignment, licence and changes to a Honduran trademark
Transfers and licences
Recorded
Transfers and licences of marks are covered by Articles 100 and 101.
Older registrations
Transitional rules
Registrations under the earlier law follow it, except for renewal and certain other articles (Article 179).
Maintenance fees
Annual
Annual maintenance fees are required for renewal (Article 93).
Non-use defence
Available
Cancellation for non-use can be used as a defence in opposition, nullity or infringement actions.
Non-use and cancellation of a Honduran trademark
A registration can be cancelled after three uninterrupted years without use, unless there are justified reasons or the annual rehabilitation fee was paid.
Keep dated proof of use in Honduras: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Honduras
Search the Industrial Property Registry database and its bulletin for the application, publication, registration and renewal dates.
Sources used
- Industrial Property Law of Honduras (Decree No. 12-99-E, amended by Decree No. 16-2006), official Spanish text on WIPO Lex (translated by us): Articles 89, 91 to 94, 100, 101 and 179.
- The Registry for the Regulations, fees and forms.
Honduras trademark FAQ
How long does a trademark last in Honduras, and from when?
Ten years from the date the registration is granted, renewable for successive ten-year periods (Articles 92 and 93). It counts from the grant date (Article 92).
When should I renew a Honduran trademark, and is there a grace period?
The owner files a renewal request with the Industrial Property Registry within the year before the expiry date, and must have paid the annual maintenance fees (Articles 93 and 94).
What is the opposition period in Honduras?
Any interested person can oppose registration within the publication period and up to thirty days from the date of the last publication of the notice announcing the application, giving the grounds and evidence. The opposition follows the procedure in the Regulations (Article 89).
How much does it cost to register a trademark in Honduras?
The official fee is set by the the Industrial Property Registry of Honduras (Instituto de la Propiedad) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Honduras?
Yes. A foreign company can register a trademark in Honduras, normally through a Honduran attorney. We arrange this.
Can I assign a Honduran trademark?
Transfers and licences of marks are governed by the Law and recorded in the Registry (Articles 100 and 101).
Can a Honduran trademark be cancelled for non-use?
A registration can be cancelled if the mark has not been used for the three uninterrupted years before the cancellation action, unless there are justified reasons or the annual rehabilitation fee was paid. Non-use can also be raised as a defence in opposition, nullity or infringement proceedings.
How can I check the status of a Honduran trademark?
Use the the Industrial Property Registry of Honduras (Instituto de la Propiedad) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The Law recognises priority from an earlier application in a Paris Convention state. We confirm the claim steps when we file.
How do I change the owner's name or address?
Record the change with the the Industrial Property Registry of Honduras (Instituto de la Propiedad) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Honduras
SUPREMEiP® files trademarks worldwide through its network and checks every Honduran deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
