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Haiti (HT)

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Legal basis is the Law of July 17th, 1954 as amended in 1956, 1960, 1965, 1967, 1970; Decree of June 18th, 1964 on the registration at the Chamber of Commerce and Industry.
References of the laws’ publications/official Gazette: Le Moniteur No. 70 dated August 16, 1954, No. 90 dated August 23, 1956, No. 81 dated September 9, 1960, No. 87 dated September 16, 1965, No. 91 dated October 16, 1967, No. 96 dated November 23, 1970; No. 59 dated June 19, 1964.
The following international treaties/conventions apply: Panamerican Convention; Paris Convention; Lisbon Agreement for the Protection of Appellations of Origin and their International Registration; TRIPS but as part of LDC, the transition period has been extended to July 1st, 2021 or when a country ceases to be a member of LDC.
Haiti is not a member of the Madrid Agreement or the Madrid Protocol.
Trademark protection is obtained by registration. First-to-file jurisdiction.
The international classification of goods and services (Nice Classification) consisting of 45 classes has not been adopted. Although Haiti is not party to the Nice Agreement, it is currently using the Nice classification.
Registration is mandatory for pharmaceutical products (class 5). They cannot be sold if the trademark is not registered.
Registrable as a trademark are names in a distinctive form, emblems, impressions, stamps, cachets, vignettes, relief’s, letters, ciphers, monograms, labels, particular combinations of colors, signatures, ornamental designs, fabricated words or names, portraits in general, all special signs or appellations adopted or applied by said manufacturers, industrialists, merchants or companies to their products with the object of indicating their industrial, commercial, or agricultural activity, and of distinguishing it from others of the same kind.
Non-traditional marks (like sound marks, olfactory marks or three-dimensional forms) are registrable, but there is no precedent of any registration of sound and olfactory marks in Haiti, although they’re not expressly excluded by the law. Due to lack of adequate support, sounds and olfactory marks cannot be registered. Three-dimensional marks have been registered.
The following trademark types are registrable: trade marks, service marks and collective marks. Tradenames can also be registered.
The application is filed at the Ministry of Commerce and Industry.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A power of attorney (simply signed) is needed.
Foreign applicants do not need a domestic registration of the corporation or entity proprietor of the mark.
The processing time from first filing to registration is 8 to 12 months, if there are no oppositions. Prior to registration, trademark applications are published in the National Gazette “LE MONITEUR” for opposition purposes.
National:
The opposition period is 2 months from publication date of the application.
A trademark registration is valid for 10 years from date of expiration of opposition period. Proof of use or Affidavit of Non-Use should be provided during the first 3 months after the 5th anniversary from registration or renewal at the end of fifth (5th) year from granting. If a Declaration of use or legitimate excuse for non-use has not been filed within the time limit indicated above, the registration becomes invalid. However, after the registration has lapsed, the owner of the lapsed registration has a period of priority of three months for refilling the same mark.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months starting from the expiration date as per the Paris Convention for the payment of fees for the maintenance of rights.

Further practical details are available in our publication on this topic here
The mark must be used during the period of five years following the registration date and the renewal date. Non-use is permitted on the grounds of “special circumstances”. A proof of use or an affidavit of use must be filed during the first 3 months after the 5th anniversary from registration or renewal. Failure to file this maintenance action will cause the registration to lapse.

Further practical details are available in our publication on this topic here
Official registration fees, including publication, are USD 46 for a word mark and USD 83 for a design mark.


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Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
09-04-2014
Cabinet de Lespinasse, Port-au-Prince, Haiti

06-20-2011
Cabinet de Lespinasse, Port-au-Prince, Haiti



Ministère du Commerce et de l’Industrie
8, Rue Légitime
Port-au-Prince
Haiti


Tel +509 2940 0726
Temporary address during construction of new offices after the 2010 earthquake:
Blvd Toussaint Louverture, Parc Industriel Sonapi
Pot-au-Prince
Haiti

Contact : Mr. Rodrigue Josaphat, Esq.