Trademark Registration in Haiti

In Haiti, exclusive rights over a trademark are granted only through registration, since it is a “first-to-file” jurisdiction. This means that, as a general rule, the first person or company to file a trademark will obtain the rights, even if others may have used a similar mark before. In some exceptional cases, well-known trademarks can be protected even if they have not yet been filed, but this is not the standard route.

Trademark applications must be filed with the Intellectual Property Service of the Ministry of Commerce and Industry.

If you register a combined trademark (with both word and figurative elements), your exclusive right is limited to the exact configuration in which the mark was filed and registered. If you want to use the word element separately from the logo (or vice versa), it is recommended to file additional trademarks for the specific elements you wish to protect separately.

If you would like the figurative or design elements of your trademark to be considered in a Trademark Search Report for Haiti, you should contact us directly so we can confirm whether this is possible in this jurisdiction. In such cases, service fees and delivery times may vary.

To register a trademark in Haiti, you will generally need:

• Scanned copy of a signed Power of Attorney. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average time frame to register a trademark in Haiti is around 3 months for straightforward cases. This is only an estimate based on current processing times, and actual duration may vary considerably.

Once registered, a trademark in Haiti must be used continuously and in good faith in order to maintain its validity. Lack of use during the first five (5) years after registration makes the mark vulnerable to cancellation actions for non-use.

Throughout the lifespan of the trademark, declarations of use must be filed to confirm that the mark is still in use. If these declarations are not submitted in due time, the registration will lapse.

Provided that declarations of use are filed when required, registered trademarks in Haiti are valid for 10 years from the registration date and can be renewed indefinitely in successive periods of ten years, as long as the mark continues to be used. There is also a six (6) month grace period after expiration during which the trademark may still be renewed upon payment of additional fees.

Yes. In Haiti, there is an opposition period of two (2) months starting from the publication date of the trademark application. During this time, interested third parties may file opposition actions.
The probabilities of success for an opposition will vary in each case, depending on the circumstances and the degree of similarity between the marks.

A trademark does not need to be in use to be registered in Haiti. However, after registration, it must be used continuously and in good faith to maintain its validity.

• Lack of use during the first five years after registration makes the trademark vulnerable to cancellation for non-use.
• In addition, declarations of use must be filed during the life of the trademark. If these declarations are not submitted in time, the registration will lapse.