HAITI Law and Practice Contributed by: Vanessa Abdel-Razak, Ludsen Saint-Phar and Webster Registre, Cabinet Abdel-Razak & Associés
5. Trade Mark Procedure for Inter Partes Proceedings 5.1 Timeframes for Filing an Opposition or Cancellation In Haiti, a third party may file an opposition to a trade mark application after publication of the application and before registration, within the statutory opposi - tion period set by the Trade Mark Office (62 days from publication). Extensions of time to file an opposition are not provided for by statute and are not granted in practice; however, parties may pursue private settle - ment discussions in parallel, and an opposition may be withdrawn by agreement. With respect to revocation/cancellation, Haitian law does not impose a general statute of limitations for filing cancellation actions against trade marks; actions based on absolute grounds (eg, lack of distinctive - ness, illegality) or ownership/bad faith may gener - ally be brought at any time. Copyright protection is not subject to revocation for non-use, but claims challenging ownership or validity may be brought in accordance with general civil law principles. 5.2 Legal Grounds for Filing an Opposition or Cancellation A third party may file an opposition to a trade mark application after publication of the application and before registration, within the statutory opposition period set by the Trade Mark Office (62 days from publication). Extensions of time to file an opposition are not provided for by statute; however, parties may pursue private settlement discussions in parallel, and an opposition may be withdrawn by agreement. With respect to revocation/cancellation, Haitian law does not impose a general statute of limitations for filing cancellation actions against trade marks; actions based on absolute grounds (eg, lack of distinctive - ness, illegality) or ownership/bad faith may generally be brought at any time. 5.3 Ability to File an Opposition or Revocation/Cancellation Any natural or legal person with a legitimate legal or commercial interest may file an opposition to a pub - lished trade mark application; the opponent is not
filings and does not regulate divisional applications by statute or practice, an application cannot be split into separate applications once filed. 4.9 Incorrect Information in an Application Providing incorrect or misleading information in con - nection with a trade mark application may result in the refusal of the application, the nullity or cancellation of the registration and, in serious cases involving bad faith or fraud, potential civil liability. Issues may be addressed administratively by the Trade Mark Office during examination if the error is detected early, or judicially by the competent courts in the context of opposition, cancellation or enforcement proceedings. Incorrect information may be corrected. 4.10 Refusal of Registration Trade mark registration may be refused on absolute grounds where the mark lacks distinctive character, is descriptive or generic for the designated goods or services, is misleading as to origin, nature or quality, is contrary to public order or morality, or consists of protected symbols (such as national flags, emblems or official insignia) without proper authorisation. The Trade Mark Office also refuses marks that are decep - tive, purely functional or otherwise prohibited under the trade mark law. There is a procedure to overcome objections raised on absolute grounds. The applicant may submit a written response or observations, typically arguing that the mark is inherently distinctive, has a distinctive overall impression or falls outside the scope of the cited pro - hibition. Where applicable, applicants may also limit or clarify the list of goods or services to address the objection. If the objection is maintained, the refusal may be appealed before the competent courts in accordance with general administrative and judicial procedures. 4.11 The Madrid System Haiti does not participate in the Madrid System.
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