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.