Unfair Competition Actions in Honduras: A Litigation Perspective

By Ricardo Mejía, Partner, Bufete Mejia & Asociados

Unfair competition claims are increasingly relevant in the Honduran legal landscape, particularly in a market that is growing in regional importance. At Bufete Mejia & Asociados, our litigation department is well-versed in defending and enforcing intellectual property (IP) rights in this evolving environment. Below is a brief overview of the legal framework and procedures applicable to these actions in Honduras.

It is important to highlight that Honduras follows an attributive system, which means that trademark rights are acquired mainly through registration before the Honduran Trademark & Patent Office. As such, any party wishing to assert exclusive rights over a mark must first prove prior registration and its validity at the time of the claim. That said, it is important to note that Honduran industrial property law also recognizes certain rights for those who first use and continue to use a trademark within the country, but with certain limitations.

While courts may grant injunctive relief and other precautionary measures, claimants must ultimately prove the damages suffered as a direct result of the unfair practice in order to seek compensation. Available remedies include: 

-Injunctive relief (cessation of unlawful acts).

-Seizure or destruction of infringing goods.

-Monetary compensation for damages and lost profits.

-Public acknowledgment of the judicial decision (in some cases).

Precautionary measures may be requested before or during litigation, even without prior notice to the defendant—an effective way to mitigate immediate harm and preserve evidence. It is highly likely that the judges will require the plaintiff requesting such precautionary measures to post a sufficient bond to secure the outcome of the lawsuit. Under Honduran law, even within its attributive registration system, rights may also be recognized through continuous and sufficient use of a trademark in the national territory. This use can establish prior rights or use-derived rights, allowing the user to oppose conflicting registrations or claims by demonstrating genuine commercial exploitation of the mark in Honduras. Such recognition serves to protect honest traders and prevent unfair advantage by third parties who have not actively used the mark locally to some extent. 

Relevant treaties to which Honduras is a party (such as the Paris Convention) recognize use-derived rights in cases involving well-known marks. In practice, this allows for “some” protection of unregistered but famous foreign brands, especially where there is a risk of confusion or bad faith registration.

Litigation Procedure: First Instance Overview

Below is a simplified roadmap of the procedural stages in a typical unfair competition case before Honduran courts: 

 

Stage	Description
Initial Filing	Complaint submitted with evidence of registration, use, and damages.
Precautionary Measures	Can be requested at any point—often granted without prior notice to defendant. Posting of a bond is required.
Evidence Phase	Submission of documentary, testimonial, and expert evidence.
Final Pleadings (Submission of Closing Arguments)	Parties present their final legal arguments before the court deliberates.
Hearing & Ruling	Judicial decision on liability and remedies.

 

All unfair competition actions are judicial matters and must be pursued through the competent civil courts in Honduras. The right to bring an action lies with any natural or juridical person who has suffered or is likely to suffer economic or reputational harm due to unfair competition practices. This includes: 

-Trademark holders and exclusive licensees.

-Businesses affected by imitation, confusion, or disparagement.

-Industry associations acting on behalf of their members (in specific cases).

This broad legal standing ensures that rights holders and commercial actors can actively defend their interests and protect market integrity.

Litigation procedures in Honduras share notable similarities with those of other Latin American jurisdictions, particularly regarding:

-The requirement to prove damages.

-The judicial nature of these disputes.

-The increasing acceptance of precautionary and injunctive relief.

-The increasing recognition of notorious foreign marks even without domestic registration. There are some limitations and wide disparities on what constitutes a notorious mark between countries and also the jurisdiction (local or foreign) where the said notoriety is required. 

At Bufete Mejia & Asociados our litigation team specializes in intellectual property enforcement and unfair competition claims. We provide comprehensive support—from pre-litigation strategy and evidence gathering, to full representation before civil courts. Our cross-border experience and local insight make us the ideal partner to protect your rights in Honduras and the region.