Domain Names in Honduras
The cross-border trade, of both goods and services, is growing at rapid pace. One of the more common mechanisms by which we have access to this kind of transnational commerce, are the virtual portals, stores or online service windows. The name, by which we can locate a company on the web, is called a domain. Each domain can be a unique alphanumeric combination on the internet, which represents the IP addresses of the server, through which you can have access to the determined information.
In order to be able to have a domain enabled, it is required to register the same, which basically consists of choosing the name of interest, verify through the registrar the availability of the name, enter the data of the owner, choose the amount of time to be registered, pay the fee, configure the URL, wait for the site recognition on the different servers and finally the page is accessible through the registered domain. It is important to mention that the domain registrar can be companies located anywhere in the world that can be accessed through the web, or state institutions that work as companies and are dedicated to host websites, register domains and generally provide tools to sites on the web.
Despite of the importance that the web access implies for the companies, the domains are not properties granted under title accreditation on trade names or trademarks, making the registration process a step of utmost urgency, since the property in favor of a third party can be highly compromising for the company. For example, the ownership of a domain by a malicious third party, with access to purchases through the site, endangers the identity of users in good faith and the reputation of the company.
In case that the domain ownership is granted to a third party, the Industrial Property Law of Honduras establishes the requirements and process for canceling or transferring a domain name to a holder with the best right regarding the registered domain, either by bad faith or under a similar name that could cause confusion to third users. To obtain the right through this process, it will be necessary to prove the use of the trademark, trade name or any other distinctive privilege of local use, otherwise the claim process must be vented to the World Intellectual Property Organization invoking Article 15-4 of DR-CAFTA.
Graciela Cruz Raudales
Senior Associate
García & Bodán
Honduras