Haiti
Fees for registering Haiti trademarks
First class：
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Additional class：
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Renewal:Notarization & Legalization:
Service Process
Trademark registration time
The current trademark regulations in Haiti are mainly based on the Trademark Law that came into effect on November 16, 1954, and have been revised multiple times since then. The Administration for Industry and Commerce is responsible for managing trademark affairs, and the official languages are French and Creole. Trademark rights need to be obtained through registration. Trademark registration is not mandatory (except for Class 5 pharmaceutical preparations), but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Haiti adopts the principle of "application first".
Haiti is a signatory to international intellectual property treaties such as the Paris Convention and the WIPO Convention, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through the "single country registration" method.
Trademark Registration Process
At present, Haiti adopts the Nice Classification 11th edition of product and service descriptions and does not accept applications for multiple categories in one form. The elements that can be registered as trademarks in Haiti include: text, graphics, letters, numbers, etc.
If the applicant does not reside in Haiti, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4.If priority is declared, priority proof documents and corresponding translations must be provided.
The main process for applying for registration of a Haitian trademark is: application acceptance examination announcement approval issuance. The application will be accepted within 1-2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. Two months from the announcement date is the objection period, during which any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as ownership of prior registered trademarks or prior use of unregistered trademarks;
2. The trademark lacks distinctiveness;
3. Trademarks are descriptive;
4. Trademarks are deceptive;
5. The trademark has adverse effects;
6. Well known trademark;
7. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Haiti takes about one year; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
Trademark registration materials
The Haitian trademark is valid for 10 years after registration, starting from the end of the opposition period; Renewal can be processed 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2. Malicious registration;
3.If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.
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