 TRADEMARK
Trademark (Requirements to file in Haiti)
1- Applicant full name and address
2- Words, names, emblems, labels, portraits, designs to be registered
3- If it is a case of trademark with logo or design forward 5 copies or facsimiles of the design or logo
4- Please send the description of the design or logo and if it is in color please send it by email or courier
5- Indicate the goods and class(es) of the trademark(s)
6- Power of attorney for registration of trademark(s) design(s) and renewal (s) can be made by private deed and sent by courier to our address
7- In case of change of name, company, change of address, merger, license, the power of attorney must be notarized and legalized.
PHARMACEUTICAL & VETERINARY DRUGS
According to the heath laws in force all veterinary and pharmaceutical Drugs must be registered in the same process as trademarks, failure to do so will result to their seizure by the authorities and will not past true custom. The charges for such services are the same as the trademarks.
PROCEDURE TO REGISTER TRADEMARK(S) IN HAITI:
To address to the Haitian Patent Trademark Office (HPTO)”SERVICE DE LA PROPRIETE INTELLECTUELLE in respect of the requirements above.
And two month after the publication of the trademark in the official legal journal (HAITIAN GAZETTE) LE MONITEUR if no objections are not received the HPTO will deliver the certificate of registration valid for 10 years.
The time frame for delivery of certificates by HPTO is 8 months
Declaration of use or non use of trademark (Maintenance)
a. In order to keep a registration in force the owner of the trademark during the first 3 months of the 6th year of registration will have to submit to the HPTO any documents proving that the trademark is still in use or a detailed statement made before a notary explaining the non use of the trademark is due to special circumstances by not the renunciation of the trademark. But based on our experience we recommend that clients anticipate and making the declaration in the first three (3) of the fift (5) year.
b. Failure to do it the HPTO will consider the trademark abandoned and any third party can apply for its registration.
DESIGN LAW IN HAITI
In our jurisdiction a figurative mark is considered a design protection is provided true the same process and official and attorney fees as a registration of a trademark.
The time period and laws for protection are the same as for a trademark and subject to classification meaning the design will be protected for the goods and services it will be used.
A description of the design is required and we do recommend you to submit it to us in order to have a uniformity of the description.
By this we mean we would like the description of the design in France or USA to be the same as the one of Haiti.
But note each additional design and shape in a new picture is considered as a new design in case of attorney and official fees.
CLASSIFICATION OF GOODS & SERVICES
In Haiti we use the nice class for protection of good & services for work trademark, figurative trademark & design. But not the 8th edition our classification ends in class 42 which is the diversity class, we call it THE MASTER KEY CLASS any services or goods in class 43, 44, 45 will be put in class 42 in order to get protection under our current Trademark Laws.
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