Searches
Trademarks availability searches are made according to the international nomenclature of the Nice Agreement. Searches may target across all classes. Device marks cannot be searched. The approximate time frame to receive results for searches is from 4 to 5 days.
Application
Trademark filing applications require an original Power of Attorney, no legalization or notarization required for such. The application number is assigned in around two months, depending on volume of applications at the time. At filing the application is not necessary to specify actual use or intent use of the mark. Priority can be claimed.
The criteria applied by the Examiner at the moment of examining the applications may be for absolute causes.
Concerning the procedure available to respond to a refusal, the law is silent of the procedure. However, it is possible to respond to the TMO.
The applications are published once they have been limited examined. Then the application can be subject of an opposition, which can be filed within 62 days of the publication date of the mark. It takes approximately 6 to 10 months from publication to issuance.
Registration
Granted the registration, such is valid for 10 years. Affidavits are requested by the TMO every five years to maintain a trademark in force, during the ten (10) year registration, until the renewal.
Cancellation
A registration cannot be cancelled for non-use. This action of cancellation can only be interposed when the maintenance action or renewal is not filed within the given deadline. The law applicable is the local trademark law and Paris convention.
Nullity
A registration can be subject of a nullity action, raised by a third party, which claims to hold better rights. The nullity proceedings at the request of part begin with the filing of a legal action at the Civil Court, based on prior use on trademark law. The time frame to obtain a decision is not specified in the Law, but it could take several months.
Assignment
For the recordal of an assignment, it is required the document of Assignment either in French or with a French translation attached to the original version if it is not in French. The document of assignment must be legalized by the Consul of Haiti. In the latter case, where the French translation is attached to the original, the whole set of documents must be legalized by the Consul of Haiti. If the original document is not available, a certified copy can be used, bearing the legalization of the Consul of Haiti. A Power of Attorney from both parties is also required, but no legalization is required. The time frame to receive the assignment certificate is around 2 to 3 months after filing of all necessary documents.
Renewals
In the case of renewals of trademark registrations, the time frame to obtain the renewal certificate is from 2 to 3 months.
