PATENTS

Registration Overview

A patent can be registered in Haiti pursuant to the Patents, Designs and Utility Models Act, 1924 which provides for local patent applications.

Patent Registration. It’s a relatively short process in Haiti that could take between 12 months to 24 months.

For the Registration of the Patent, we need:
• Simple signed Power of Attorney
• The invention name
• The inventor’s name
• The inventor’s/manufactures address
• Complete description of the invention with or without designs
• The applicant’s name
• The applicant’s address
• All the documents should in French in order to obtain the authorization of the Minister.
If a translation is required, we can provide a translator.

* Applications and any document submitted must be submitted to the Registrar in French or accompanied by a certified English translation.

TRADEMARKS

Haiti Trademark Law

Legal basis is the Law of July 17th, 1954 as amended in 1956, 1960, 1965, 1967, 1970; Decree of June 18th, 1964 on the registration at the Chamber of Commerce and Industry.

Classification

Although Haiti is not party to the Nice Agreement, it is currently using the Nice classification. Registration is mandatory for pharmaceutical products (class 5). They cannot be sold if the trademark is not registered.

For the registration we need:

• Simple signed Power of Attorney

• A letter with theses information: 1. The trademark

2. The applicant’s name

3. The applicant’s address

4. The class

5. Six (6) copies of the logo if there’s one, (description of the logo)
 

Registration proceedings in Haiti:

The application is filed at the Ministry of Commerce and Industry.

Multiple classes can be filed on one application but will be treated separately.

The opposition period is 2 months from publication date of the application.

The processing time from first filing to registration is 12 to 16 months, if there are no oppositions. Prior to registration, trademark applications are published in the National Gazette “LE MONITEUR” for opposition purposes.
 

Trademark Duration

A trademark registration is valid for 10 years from date of expiration of opposition period.

The declaration of continuity is essential. The applicant can either do a declaration of use or nonuse. The declaration of use shows that the brand is in force and the declaration of no use simply indicates that it is no longer in effect but the owner retains ownership.

The declaration of continuity must be made after the first three months of the fifth year. Without the declaration of continuity, you can’t make the renewal to maintain the trademark available.
This process required the assistance of a lawyer and cannot be pursue by the owner of the trademark himself.

For the logo, the description of the design is also required and the applicant must specify in advance if he/she wants to claim colors or if the owner want to keep the black and white model.

The renewal is due every 10 years. It is important for the applicant to advise us at least one month before the expiration if he/she wants to renew their trademark.