Trade Marks Prosecution Factsheet: French Speaking Caribbean

Paris Convention Priority can be claimed. Haiti is a party to the Paris Convention.

• Due every 10 years
• Arguably, a 6-month grace period should be provided under the Paris Convention, but it is understood that recently the Ministry of Legal Affairs has ceased to honour this. Restoration is not possible

• Original Power of Attorney in French
• Original notarised and legalised accompanying documents in French where relevant to the particular type of filing to be made, e.g.
  • Assignment or licence agreements
  • Companies Registry certificates certifying changes of name / mergers
• Priority-based applications (new filings only): a certified French-language hard copy priority document issued by the relevant IPO. If a French-language translation is not available from the relevant IPO then a notarised French translation should be provided. 
• Use: Proof of use of the trade mark in Haiti (no formalities) or a notarized declaration of non-use must be submitted within the first three months of: (a) the sixth year following the registration date; and (b) the sixth year following the renewal date of the trade mark registration. There is no official grace period in which to late-file the evidence of use/non-use.

The social, economic, and political climate in Haiti is turbulent, which can affect the smooth running of the Intellectual Property Service at the Ministry of Commerce and Industry. The Ministry also works with a paper-based system which can make searching difficult and unreliable. It can also take years for applications to be registered and for certificates to issue.

As of 13 June 2022, the Ministry accepts terms from the Harmonised database of the EUIPO’s TMClass.

• Due every 10 years with a 6-month grace period
• Restoration is not possible

• No Power of Attorney is required
• Scanned copy accompanying documents are required where relevant to the particular type of filing to be made, e.g.
  • Assignment or licence agreements
  • Companies Registry certificates certifying changes of name / mergers
• Priority-based applications (new filings only): a scanned copy of the priority document as issued by the relevant IPO (if a French-language version is not available a French translation should be provided).