| Office | Directorate General of Intellectual Property of Honduras (Dirección General de Propiedad Intelectual, DIGEPIH), part of the Property Institute (Instituto de la Propiedad, IP); trademarks are handled by its Industrial Property Registry. Website and search links: IP Toolbox. |
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| Law | Industrial Property Law (Decree 12-99-E, published in the official gazette in 2000 and in force 20 days after publication; amended by Decree 16-2006 of 2006, implementing the Dominican Republic–Central America–United States Free Trade Agreement, and by Decree 219-2012 of 2013); official fees are set directly in Article 174 of the law |
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| How rights arise | By registration, first to file; where two or more applicants file at the same time for the same mark and the same goods, it is granted to whoever has used it earliest and continuously in Honduras; no evidence of use is needed at filing |
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| Madrid System | Not a member of the Madrid Protocol (WIPO list of members, checked on 11 October 2026): Honduras cannot be designated in an international registration |
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| Representation | All applications must be filed through a legal representative (apoderado legal); applicants domiciled or established abroad must act through an agent domiciled in Honduras |
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| Classes | Nice Classification; the application lists the goods and services with their international class numbers, and fees are charged per class; whether one application can cover several classes is not spelt out in the law, so follow the Registry's and your agent's instructions; goods and services are listed by their generic names, grouped by Nice class; to add goods or services to a registered mark, a new registration must be applied for |
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| Responses (statutory) | Formal defects: 30 working days to correct, failing which the application is deemed abandoned and filed away; grounds for refusal: 60 working days to withdraw, amend or limit the application or to reply; at any stage, an application lapses if nothing is done for 6 months from the last notification |
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| Publication and opposition (statutory) | Once examination is passed, the application is published three times, 10 days apart, in the official gazette La Gaceta; any interested party can oppose during the publication period and until 30 working days after the last publication |
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| Term and renewal | 10 years from the date of grant, renewable indefinitely for 10-year periods; apply within the year before expiry, or in the 6-month grace period after it with a surcharge; by law, renewal is conditional on the annual maintenance fees having been paid |
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| Annual maintenance fee | Article 174 of the Industrial Property Law sets an annual maintenance fee of 100 lempiras per registered mark, with a surcharge of 50 lempiras; in non-use cancellation proceedings, a mark whose annual rehabilitation fee has been paid is not cancelled; ask your agent how the fee is collected in practice |
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| Non-use cancellation | Where a mark has not been used in Honduras for the 3 consecutive years before the action, any interested party can ask the Registry to cancel it, unless there is a justified reason; the owner must prove use, and where only some goods are unused, only those are removed |
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| Priority | Paris Convention priority of 6 months (the Convention has applied to Honduras since 4 February 1994); declare it at filing or within 30 working days after it, and within 3 months of filing submit a copy of the earlier application certified by the office that received it, with proof of its filing date |
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| Invalidity time limit | Invalidity based on an earlier right must be sought within 5 years of registration or within 3 years from the start of use of the mark, whichever ends later; bad-faith registrations and absolute grounds have no time limit |
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