The registration of a trademark will be granted, under the responsibility of the petitioner and without prejudice of right of third parties, to the person who first files the corresponding application. If two (2) or more people shall simultaneously request the registration of the same trademark for the same products or services, the registration will be granted to the person who would be using the trademark in Honduras, without interruption, since the oldest date unless it is a trademark notoriously known whose user had adopted in bad faith.

The trade name used as trademark will have a right to protection in its capacity as trademark, as long as its registration has been done in the classes of interest and the acquisition of the exclusive right on it will be ruled by the provisions of the Law.