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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
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If I register my trademark in Honduras, do I have protection in other territories?
The territorial limit of registration is Honduras.
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Do I need to sign a Power of Attorney?
Yes, a power of attorney is necessary.
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Are there any benefits from a pre-filing use of the trademark?
- may demonstrate acquired distinctiveness
- may help overcome an objection on the ground of non-distinctiveness
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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What are the types of trademark that can be registered in Honduras?
- words
- names
- devices
- certain three-dimensional shapes
- colors
- slogans
- sounds
- trade dress/get-up
- holograms
- collective marks
- certification marks
- well-known marks
- service marks
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What are the phases of application after a trademark has been filed in Honduras?
The order of the application process is examination, publication, and registration.
- Applications are examined in respect of:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- The following application details are made available to the public:
- mark
- name of applicant
- address of applicant
- state or country of incorporation of applicant
- citizenship of applicant
- application number
- application date
- goods/services
- representation of trademark
- name of responsible attorney
- type of mark
- foreign registration information
- date of admission
- disclaimers
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What type of trademark is not registrable?
- marks contrary to moral standards or public order
- generic terms
- names, flags or symbols of states, nations, regions or international organizations
- non-distinctive trademarks
- marks that contain emblems or symbols of legally recognized charity organizations
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Does Honduras use the "Nice Classification" system?
Honduras uses the Nice Classification System.
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Does the Community Trademark apply for Honduras?
Honduras is not a party to the European Union; hence the Community Trademark is not effective in this country.
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Is there any possibility to claim priority in Honduras?
- if an applicant's home country is a member of the Paris Convention
- if the home application was filed six months earlier than the application in this jurisdiction
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What do I need to do to satisfy the use requirement?
A trademark must be used within three consecutive years at any point in the registration period.
The amount of use must be on a commercial scale and must occur in this jurisdiction.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the registration date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the registration grant date.
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Is it legal to use my trademark even if it is not yet registered?
Use of an unregistered mark for any goods or services is legal.