Located in the heart of America, Honduras is a unique country in the processing of its trademarks.
The Industrial Property Law of Honduras, in its Art. 106, contemplates optional protection for those trademark owners who have not used them during their registration period. This protection takes the form of the payment of a fee called “rehabilitation rate for non-use” which has the effect of preventing a trademark from being canceled at the request of a third party.
As corresponds to the purest essence of the brands, these must be used in the Honduran market. However, the possibility of compensating for disuse with the payment of a tax may be something exclusive to this jurisdiction.
An cancellation action for non-use may be filed in Honduras when a trademark is not being used and the plaintiff has been aware that such use has not existed for three uninterrupted years preceding the date of filing the action. and, as long as, the trademark owner has not paid the annual rehabilitation fee during said time.
When faced with a cancellation action due to non-use, it must be taken into account that the use must have been absent for 3 consecutive years. If these circumstances occur, it is highly recommended to pay the rehabilitation fee. It is also advisable to comply with this procedure if, despite having been used, it cannot be demonstrated through documentary evidence..
Thus, in practice, there is a power provided by the Law to avoid cancellations due to non-use through the payment of a fee, which in addition to being a simple procedure is economical. -official expenses amount to approximately €25-For prudence, it is recommended to pay for all periods in which there has been no use.
Author: Cristina Arroyo
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