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Brand Communication in Honduras

As mentioned in previous publications, brands are signs that identify both the company that provides them and the individuals that acquires them, and this identification transmits a message to third parties about characteristics that are transferred from one subject of the relationship to another. To achieve this initial identification and association, it is necessary to expose the product or service to the intended user.

Advertising is the means by which consumers are informed about the products or services provided by a certain company. Advertising in Honduras is a matter mainly regulated by the Consumer Protection Law. The regulations on this matter demands that the information provided must be appropriate, clear, accurate, adequate and sufficient about the essential characteristics of the goods and services provided and the conditions of its marketing. In this regard, falls into prohibited all advertisement that may be totally or partially misleading or false, or that in any other way, including by omission, is capable of misleading, deceiving or confusing consumers.

On the other hand, the Constitution of the Republic of Honduras monitors the constitutional guarantee of the right to the emission of thought, including advertising and communication for consumption. The exception to the right of communication lies in censorship to protect ethical and cultural values, as well as the rights of people, especially children, adolescents and youth, while ensuring the right to honor, to personal, family and own image.

Regulations such as these, support the prohibitions or limitations of the rights of use over Industrial Property, which the Special Law establishes and frames within the concept of Unfair Competition. Any use of a distinctive sign or the communication of it that falls under any of the above prohibitions, is subject of administrative, civil and criminal liability prosecuted ex office or upon request. In these sense, any entity or individual that considers to be violated in their rights by being exposed to advertising that: threatens the dignity of the people, is directed to minors, is unfair advertising towards competition, deceptive or aggressive for the consumer, can and should be denounced.

Inge Sáez points out that the balance between persuasion and truthful information is the equilibrium point of publicity. If advertisement is analyzed under this optic, one can easily avoid any type of complaint, fine, penalty or prohibitions of use of advertising, which always affect the brand with which it relates. The review of advertising and media is a service that our team offers in order to ensure that your brand is transmitting the message you intend to communicate.

Graciela Cruz Raudales
Senior Associate
García & Bodán
Honduras

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