Trademarks Law in Haiti
Sure! Here’s an overview of trademark law in Haiti:
Trademark Law in Haiti
1. Legal Framework
Trademark protection in Haiti is governed by the Industrial Property Code of Haiti, enacted in 2007.
The Haitian Institute of Intellectual Property (Institut Haïtien de la Propriété Industrielle – IPIH) is responsible for trademark registration and enforcement.
Haiti is a member of international intellectual property agreements including:
The Paris Convention for the Protection of Industrial Property
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
2. Definition of a Trademark
A trademark is any sign capable of distinguishing the goods or services of one enterprise from those of others.
This includes words, logos, letters, numerals, shapes, sounds, colors, or combinations.
3. Registration Process
Trademark applications are filed with the IPIH.
The process typically involves:
Submission of an application with applicant details, representation of the mark, and list of goods/services.
Formal examination for compliance.
Substantive examination for distinctiveness and conflicts with existing trademarks.
Publication of the application to allow oppositions.
Issuance of registration if no opposition or successful defense.
4. Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
Registrations can be renewed indefinitely for additional 10-year periods upon payment of fees.
5. Rights Conferred
Exclusive rights to use the trademark for the registered goods or services.
The ability to prevent unauthorized use, imitation, or counterfeit of the trademark.
Right to license or transfer the trademark.
6. Infringement and Enforcement
Trademark infringement includes unauthorized use or imitation likely to cause confusion.
Remedies include injunctions, damages, seizure, and destruction of infringing goods.
Enforcement is carried out by the courts and administrative authorities.
Criminal penalties may apply for willful infringement.
7. International Registrations
Haiti is not a member of the Madrid Protocol, so international trademark registration must be done on a national basis.
Foreign applicants must file directly with the IPIH or through local agents.
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