Registering a trademark in Haiti involves conducting a preliminary search, filing an application, undergoing an examination by the Industrial Property Office, and waiting for the publication and potential opposition period. If successful, the registration of your trademark will grant you exclusive rights to use it in Haiti for 10 years, renewable indefinitely. By following this guide, you can take the necessary steps to protect your brand in Haiti. Ensure you adhere to the requirements and guidelines for a smooth registration process. Given the lack of online resources, it is highly recommended to seek assistance from a local attorney or agent familiar with the process in Haiti.
Step 1: Preliminary Search
The first step in the process is to conduct a preliminary search to ensure that your proposed trademark is not similar or identical to an existing one. The Industrial Property Office of Haiti provides a database for this search. However, as of now, the database is not accessible online. Therefore, you may need to contact a local attorney or agent to conduct this search for you.
Step 2: Application
If the search does not reveal any conflicting trademarks, the next step is to file an application with the Industrial Property Office. The application must include a clear representation of the trademark and a list of goods or services to be covered by the trademark.
Step 3: Examination by Industrial Property Office
After receiving the application, the Industrial Property Office will examine it to ensure that it complies with the requirements of the Trademark Law. They will also determine whether the trademark can be registered or if it infringes upon any existing trademarks.
Step 4: Publication
Once the application passes the examination, the Industrial Property Office will publish the application in the Official Gazette (Le Moniteur). This is to give third parties the opportunity to oppose the registration of the trademark. The opposition period lasts for 30 days from the date of publication.
Step 5: Registration
If no opposition is filed, or if any opposition is resolved in favor of the applicant, the Industrial Property Office will proceed with the registration of the trademark. The applicant will then receive a certificate of registration.
The official fee for filing a trademark application is approximately USD 300 (as of 2023). If the application is successful, there is an additional fee for the issuance of the registration certificate. Please note that these fees are subject to change and it's recommended to check the latest fees with the Industrial Property Office or your local agent.
The entire process, from application to registration, usually takes between 12 to 18 months, provided that there are no objections or oppositions.
Unfortunately, the Industrial Property Office of Haiti does not have a dedicated website available for public use as of now. Therefore, contacting a local attorney or agent might be the best course of action.