HSM

Haiti Trade Mark Guide

Registration
A trade mark can be registered in Haiti pursuant to the Trade Marks Law of July 17, 1954 as amended by the Decree of August 28, 1960 which provides for local trade mark applications.

The following information and documentation is required:

  1. name of the trade mark
  2. five copies of the mark (unless mark is word only)
  3. class(es) and specification of goods and/or services (with French translation)
  4. applicant’s name and address
  5. Power of Attorney (with French translation)
  6. certified copy of priority document (if priority is claimed)

It usually takes between 5-10 months for the Intellectual Property Service in the Ministry of Commerce and Industry to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Intellectual Property Service will issue a Registration Certificate.

Use
Proof of Use or a declaration of Non-use (notarised) must be submitted within the first three months of the sixth year following the issue of the Registration Certificate.

Classes
The International Classification system is used. Multi-class applications are not allowed. A separate application is required for each class of goods and/or services.

Searches
In order to conduct a search the only documentation required is the name of the trade mark and one copy of the mark (unless mark is word only). The result can usually be provided within four to six weeks.

Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the documentation required is a copy of the Registration Certificate or last Certificate of Renewal and a Power of Attorney with French translation.

The application for renewal should be filed prior to the expiration date of the registration. After that time a new application for registration is required.

It usually takes about three months for the Intellectual Property Service to process an application for renewal. Once the renewal is complete the Intellectual Property Service will issue a Certificate of Renewal.

Proof of Use or a declaration of Non-use (notarised) must be submitted within the first three months of the sixth year following the filing date of each renewal application.

If you do not wish to renew the mark please inform us so that we can advise the Intellectual Property Service accordingly.

Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Intellectual Property Service accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in Haiti.

To record the assignment of a trade mark registration the documentation required is the Deed of Assignment (legalised) and a Power of Attorney with French translations.

It usually takes about three months for the Intellectual Property Service to process an application to record an assignment. Once the recording is complete the Intellectual Property Service will issue a Certificate of Recording showing the assignment.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Haiti.

To record a change of name for a trade mark registration the documentation required is the Deed evidencing the change (legalised) and a Power of Attorney with French translations. To record a change of address the only documentation required is a Power of Attorney with French translation.

It usually takes about three months for the Intellectual Property Service to process an application to record a Change of Particulars. Once the recording is complete the Intellectual Property Service will issue a Certificate of Recording showing the change.

Contact

E-mail: ip@hsmoffice.com

Tel: +1 (345) 949-4766

 

Mail:

PO Box 31726, Grand Cayman KY1-1207

Cayman Islands

 

Courier:

HSM, 68 Fort Street, George Town

Grand Cayman, Cayman Islands

MEMBERSHIPS

The firm is a member of INTA, CITMA, AIPLA and IPCA