How Trademarks Work in Haiti
We want to make the complex task of managing international trademark portfolios easier by explaining clearly the particularities of our jurisdiction.
Why Haiti Requires Local Understanding
Procedures remain largely paper‑based, and records are not fully digitized, making older filings particularly dependent on manual verification and direct coordination with the authorities.
Original filing receipts, certificates, priority documents, publications, and properly executed powers of attorney are often required to confirm rights, process renewals, or request corrections.
In practice, the absence of a single document may prevent the PTO from locating a record or issuing an official certificate, even where the right exists.
Process Overview: Haitian Trademark Registration
Ministry of Commerce
(Direction Des Affaires Juridiques)
The trademark application is filed with the Ministry of Commerce, whose Juridical Affairs Department plays the role of PTO and starts the registration process.
Official Gazette
(Presses Nationales d’Haïti)
Once the examination is completed, the PTO transfers physical extracts of trademarks to be published in Haiti’s Official Gazette. Until publication, the public does not receive notice of filings details.
Tax Authorities
(Direction Générale des Impôts – DGI)
Statutory government taxes and stamp duties are paid to the Haitian Tax Authority at different stages of the process.
Chamber of Commerce
After registration, the trademark certificate must be recorded with the Chamber of Commerce, which affixes a stamp on the certificate.
Frequently Asked Questions
Trademark Registrations
-
Yes. This means that the person who files and obtains a registration first is recognized as the owner of the trademark or the commercial name. If you believe your rights have been infringed or violated, there is, however, a recourse available through a cancellation action at the Commercial Chamber of the Court of First Instance of Port-au-Prince.
-
No, because Haiti is not a multiclass jurisdiction. Therefore, each class of the same mark must be filed and registered separately and will be charged separately. Each class will have a separate registration number.
-
A signed, notarized POA is required. It needs to be notarized as of 2023.
-
The trademark protection is granted for 10 years but subject to maintenance requirements
Trademark Declarations of Use/Non-Use
-
Yes, a declaration of non-use must be filed on the grounds that there are circumstances justifying the non-use. Rights are not weakened as a result.
-
Within the first three months of the sixth year from the registration or the renewal date. It must be filed every 10 years.
-
Copy of previous certificate. If the mark was registered five years ago, the registration certificate is required. If the mark was renewed five years ago, the latest renewal certificate is needed.
-
A signed, notarized POA is required. It needs to be notarized as of 2023.
-
No, the TMO has revised its policy as of 2025. In lieu of a certificate, the previous certificate is stamped once the filing has been approved.
Trademark Renewals
-
To maintain your protection, after having filed the declaration of use or of non-use, a renewal application must be filed for a new period of 10 years also subject to maintenance requirements.
-
No, the PTO has stopped this practice.
-
Copy of previous proof of Declaration. If we were not the agent who filed the previous certificate, we will need a copy to confirm proper sequence of registration number.
-
A signed, notarized POA is required. It needs to be notarized as of 2023.
