HAITI Trends and Developments Contributed by: Vanessa Abdel-Razak, Ludsen Saint-Phar and Webster Registre, Cabinet Abdel-Razak & Associés
proof of use at the time of filing or registration. This allows brand owners to secure protection in antici - pation of market entry, product launches, regulatory approvals or investment milestones. This flexibility is particularly valuable in Haiti, where businesses often adopt phased market-entry strat - egies. Companies may secure trade mark protec - tion while finalising distribution networks, regulatory approvals or investment arrangements, allowing them to plan growth in a structured and predictable man - ner. The system enables brand owners to protect their identity early, without being disadvantaged if commercial rollout occurs progressively rather than immediately. However, the absence of a use requirement at the reg - istration stage does not mean that use is irrelevant. Over time, use or non-use becomes a central element in preserving and defending trade mark rights. Haitian practice requires the trade mark owner to file a decla - ration of use or non-use during the first three months of the sixth year following registration. Non-use, in itself, does not result in an automatic loss of rights. A declaration of non-use may be justified by legitimate commercial considerations, such as phased market entry, restructuring, changes in dis - tribution strategy, or broader business realignment. Trade mark rights remain valid unless and until a third party successfully brings a cancellation action based on non-use. In practical terms, registration establishes the legal right, while use reinforces its strength and enforce - ability. A registered mark that is actively used in com - merce is generally more robust, easier to enforce and less exposed to challenge than a mark that exists solely on the register. A registered trade mark that is not in use may be considered dormant, but it never - theless retains its full legal effect and enforceability unless successfully challenged. Declarations of use or non-use reflect a pragmatic maintenance system The declaration of use or non-use requirement reflects a pragmatic approach to trade mark maintenance in Haiti. Rather than imposing strict use obligations from
the outset, the system allows trade mark owners a reasonable period to develop and implement their commercial strategy before requiring formal confir - mation of use status. This mechanism serves several functions. It encourag - es transparency within the trade mark register, allows the authorities to maintain more accurate records, and provides third parties with greater visibility regarding the status of registered marks. At the same time, it avoids penalising rights holders who face legitimate delays in commercial rollout. From a portfolio management perspective, the decla - ration requirement functions as an important check - point. It prompts trade mark owners to reassess the relevance of each registration, consider whether con - tinued protection remains commercially justified, and ensure that records are up to date. Failure to file the declaration within the prescribed period can expose the mark to unnecessary vulnerability and should therefore be monitored carefully. Haiti remains outside the Madrid System, requiring national filings Haiti is not a member of the Madrid Protocol. As a result, international trade mark registrations do not extend to its territory, and trade mark protection must be secured through national filings. For international brand owners, this has important strategic implications. Haiti cannot be treated as an automatic extension of a global trade mark portfolio. Instead, it requires deliberate, jurisdiction-specific planning. Foreign applicants are generally expected to act through local counsel, and filings must comply with local formalities and administrative practice. This structural feature has particular consequences for Caribbean-wide and regional brand strategies. Companies expanding into neighbouring jurisdic - tions may assume that international registrations or regional coverage provide sufficient protection, only to discover that Haiti remains outside that framework. Conversely, businesses that proactively address Hai - ti as a separate jurisdiction are better positioned to manage risk and avoid disputes.
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