HAITI Law and Practice Contributed by: Vanessa Abdel-Razak, Ludsen Saint-Phar and Webster Registre, Cabinet Abdel-Razak & Associés
supplemental registers); there is a single register for trade marks. It is standard and strongly recommended practice to conduct a prior trade mark search before filing, focusing on registered and pending marks in the Trade Mark Office records. Because trade mark rights are registration-based and unregistered rights do not arise from mere use, searches typically cen - tre on the official registry, supplemented by company name records, trade name databases and, where rel - evant, international brand use, given the possibility of conflicts with earlier filings or well-known marks. 4.3 Term of Registration In Haiti, a trade mark registration is granted for an initial term of ten years, calculated from the filing date, and may be renewed indefinitely for successive ten- year periods. If the renewal is not filed, the registra - tion definitively lapses and cannot be revived; in such case, protection may only be restored by filing a new trade mark application, which will be examined as a fresh filing and may be exposed to third-party rights acquired in the interim. No proof of use or continued use in commerce is required at the time of renewal, as Haiti does not impose use-based renewal formalities; however, registrations remain vulnerable to cancel - lation actions for non-use, if a declaration of use or non-use was not filed within the first three months of the sixth year of the registration. By contrast, copy - right registrations, where applicable, are not subject to renewal, as copyright protection arises automatically upon creation of the work and subsists for the statu - tory term provided by law, without any maintenance or renewal requirement. 4.4 Application Requirements Trade mark application is filed with the the Ministry of Commerce and Industry and may be submitted by individuals, companies or other legal entities, whether Haitian or foreign. The system does not allow multi- class applications: each application must cover one class of goods or services only, in accordance with the Nice Classification, and separate filings are required for additional classes. To apply, the applicant must provide: (i) a clear representation of the mark (word mark or logo/device); (ii) the full name, address and legal status of the applicant; (iii) the list of goods and/ or services claimed in the relevant class; and (iv) a power of attorney if the application is filed through a
representative. No specimen of use, date of first use, declaration of use, or sworn statement of accuracy is required, as Haiti operates under a first-to-file system and does not condition registration on prior or current use in commerce. Official filing fees are assessed per class, with government fees typically in the range of USD150–200 per application, exclusive of profession - al fees and any additional costs if applicable. Appli - cants are required to act through a locally appointed attorney admitted to practice in Haiti, as direct filings are not accepted. 4.5 Use in Commerce Prior to Registration There is no requirement that a trade mark be used in commerce before registration is issued. The Haitian trade mark system follows a first-to-file approach, and no proof of use, declaration of use or specimen is required at the application or registration stage, nor is there any pre-registration grace period tied to use. 4.6 Consideration of Prior Rights in Registration The Trade Mark Office does not examine applications on the basis of prior rights. Examination is limited to formal and absolute grounds (such as distinctiveness and legality), and relative grounds – including conflicts with earlier trade marks or other private rights – may only be raised through opposition or cancellation pro - ceedings initiated by third parties. 4.7 Revocation, Change, Amendment or Correction of an Application During the registration process, a trade mark appli - cation may be corrected or amended. Permissible amendments generally include the correction of clerical or typographical errors, updates to the appli - cant’s name or address, or the restriction or clarifica - tion of the list of goods or services (for example, by narrowing the scope). To enter an amendment, the applicant must submit a formal written request to the Trade Mark Office, usually through a locally appointed attorney, supported by an updated power of attorney where applicable. 4.8 Dividing a Trade Mark Application The Haitian trade mark system does not provide a for - mal procedure to divide a trade mark application dur - ing prosecution. Because Haiti requires single-class
167 CHAMBERS.COM
Powered by FlippingBook