Trademark registration in Haiti

Trademark registration procedure should be noted by businesses to distinguish their brand from other competitors in Haiti. The country of Haiti is strategically located in the Caribbean Sea and close to major markets such as the United States and Canada, facilitating exports. Haiti could become an important center of trade and commerce. Haiti possesses abundant natural resources such as oil, gas, minerals and fertile land. Haiti has many pristine beaches, clear blue waters and fine white sands, many tropical forests, majestic mountains and unique natural heritage sites. Haiti possesses a diverse ecosystem with many rare species of flora and fauna. It has many nature reserves and national parks that attract visitors who love to explore nature. Haiti is investing in the development of tourism infrastructure, including resorts, hotels, restaurants and other tourism services. Therefore, Haiti has a lot of potential to develop ecotourism and marine tourism. The Haitian government is working to improve the investment climate, attract foreign investment, and offer tax incentives and supportive policies to investors. Therefore, more and more businesses are expanding their business scope in Haiti. Viet An Law Firm would like to guide customers preliminarily through the procedure for trademark registration in Haiti through the article below.

Legal basis

• Trademark Law of July 17, 1954

Definition of trademark in Haiti

A trademark is a mark used or intended to be used for goods and services (similar to the definition used in Haitini). This sign can be:

• Signs, trademarks, titles, labels, tickets, names, signatures, words, letters, numbers, or a combination of these.
• Its purpose is to indicate the connection between goods and services with the person or company registered as the owner of the trademark.

Conditions for trademark registration in Haiti

Differentiation

The trademark must be able to distinguish the applicant’s goods and services from those of competitors. This means that trademarks are not allowed:

• As a general term
• A descriptive element directly related to the product
• Is a common symbol that has been used

Legitimacy

A trademark must not be offensive, deceptive, or violate any applicable law or registered trademark in Haiti. At the same time, trademarks must not violate public order or morals.

Novelty

The trademark must not be identical or confusing to an existing registered trademark in Haiti for similar goods or services.

Types of trademarks that can be registered in Haiti

Haiti can allow the registration of most common types of trademarks, subject to international standards. Comprise:

Trademark: Words, phrases, symbols, logos or designs that identify and distinguish the origin of the applicant’s goods from other products. (e.g. Apple logo, from Coca-Cola)

Service marks: Similar to trademarks, but help identify and distinguish the source of services, not goods. (e.g. a special bell of a fast food chain)

Collective marks: These marks identify the goods or services of a specific organization or group of members. (e.g. a logo of a cooperative) – Less common but registerable.

Trademark registration documents in Haiti

To register a trademark in Haiti, the applicant needs to prepare a complete dossier. Specific requirements may vary, but in general, an applicant’s file will need to include the following documents:

Application Form: The applicant downloads the form on the Authority’s website. The applicant needs to fill in his/her personal information (name, address, nationality) or company information (name, address, country of registration)

Trademark information: The applicant should provide a detailed description of the applicant’s trademark. A clear drawing or photograph of the applicant’s trademark. Drawings or photos should accurately represent all elements of the mark, in accordance with the dimensions and proportions.

List of goods or services: The applicant should provide a detailed list of the goods or services for which the applicant wishes to protect the trademark. For the classification of goods/services, the applicant needs to use the International Classification of goods and services (Nice Classification) to classify the applicant’s goods and services.

Receipt of payment of registration fee: The applicant needs to pay the registration fees in accordance with Haitian regulations. Fees may vary depending on the number of protected goods/services.

Additional documents (may require):

• If the applicant is filing a class trademark application, the applicant needs to provide a copy of the charter or similar document describing the applicant’s organization.
• If the claimant is claiming priority based on a previous trademark application in another country, the claimant needs to provide evidence of a previous application.
• French translations of all non-French documents (may require).

Trademark registration fees in Haiti

• Estimated fee: According to available information, the official filing fee for a trademark application in Haiti is approximately USD 300 (as of 2023).
• Additional fees: There may be some additional fees during the registration process, such as:
  • Fees for publication of trademarks in official gazettes or databases.
  • Trademark registration fees through intellectual property representatives.
• Multi-group registration: Haiti may allow registration for multiple groups of goods and services in a single application, but separate fees may apply for each group.

Trademark registration in Haiti

To file for trademark protection in Haitini, you can file using the following filing methods:

• Direct submission: You can go directly to the Intellectual Property Office of the Ministry of Trade and Industry Parc Industriel Métropolitain (SONAPI) Route de l’Aéroport Boîte Postale HT-6120 Port-au-Prince to submit the application and related documents.
• By Post or Fax: You can send your application form and all required documents via postal or courier service to the address of the Intellectual Property Office of the Ministry of Trade and Industry Parc Industriel Métropolitain (SONAPI) Route de l’Aéroport Boîte Postale HT-6120 Port-au-Prince.

Trademark registration service in Haiti of Viet An Law Firm

• Perform the search and notify customers in writing the results of trademark search in Haiti;
• Draft the dossier and file directly on behalf of the trademark owner and monitor the status of the filing of the trademark application in Haiti;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Haiti;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives performing procedures in Haiti.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Haitini, please contact Viet An Law Firm for the most effective support.