FREQUENTLY ASKED QUESTIONS

HAITI FAQs

Is online filing available in Haiti ? 

In Haiti there is no online filing of trademark application

Is the registration of the TM mandatory to establish right to a trademark ?

Registration is mandatory to establish rights to a trademark; this is a "first to file" jurisdiction. Although this is a first to file jurisdiction, priority for registration will be given to the party that shows proof of use before the other applicants in case of conflict

What type of trademarks are registrable in Haiti ?

A. Registrable Trademarks

The following signs that can be reproduced graphically and are capable of distinguishing the goods or services of one person or entity from another are registrable as a trademark:

• words;
• names;
• Labels
• Landforms
• Stamps
• devices;
• colors;
• slogans;
• Monograms
• holograms.

What classification is used in Haiti ?

Haiti  uses the Nice Classification System.

Is the use of trademark is necessary to file TM in Haiti ?

No the use of the TM is not necessary to file TM in Haiti

Is Haiti part of the Madrid Protocol ?

No Haiti is not party to the Madrid protocol

What is the term of registration of a trademark in Haiti ?

The term of a registration of a trademark in Jamaica is 10 years

Which treaties is Haiti party to ?

Haiti is a member of the following international treaties relating to intellectual property:

• The Beijing Treaty on Audiovisual Performances...
• The Marrakesh Treaty was adopted on June 27, 2013 in Marrakesh and it forms part of the body of international copyright treaties administered by WIPO.
• The Patent Law Treaty (PLT) was adopted in 2000 with the aim of harmonizing and streamlining formal procedures with respect to national and regional patent applications and patents and making such procedures more user friendly.
• Singapore Treaty on the Law of Trademarks
• Berne Convention for the Protection of Literary and Artistic Works (January 11, 1996)
• Convention Establishing the World Intellectual Property Organization (November 2, 1983)
• Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (September 25, 1966)
• Paris Convention for the Protection of Industrial Property (July 1, 1958)

In addition to regular trademark registrations, what other types of trademarks are registrable ?

The following are registrable in Haiti

• collective marks;
• service marks.

 What types of trademarks are not registrable in Haiti ?

• The following are not registrable as trademarks:
• marks contrary to moral standards or public order;
• generic terms;
• names, flags or symbols of states, nations, regions, or of international organizations;
• non-distinctive trademarks absent a showing of acquired distinctiveness (secondary meaning);

Is TM search mandatory before the TM filing ?

No it is not mandatory although it is recommended to do so before the TM filing to make a fair evaluation of the possibilities of success of the TM registration

Is the use of the TM necessary to main the trademark in force in Haiti ? 

No the use of the Trademark is not necessary to maintain the TM in force as long the owner of the TM files an affidavit of non-use at the latest on the 6th year after the registration date  arguing it wish to keep the TM in force

No the use of the Trademark is not necessary to maintain the TM in force as long the owner of the TM files an affidavit of non-use at the latest on the 6th year after the registration date  arguing it wish to keep the TM in force

DOMINICAN REPUBLIC FAQs

Is online filing available in  Dominican Republic ?

Yes in the  Dominican Republic there is online filing of trademark application

Is the registration of the TM mandatory to establish right to a trademark ?

Registration is mandatory to establish rights to a trademark; this is a "first to file" jurisdiction. Although this is a first to file jurisdiction, prior rights can be established on prior use of a duration of at least six continuous months before a third party application date.

What type of trademarks are registrable in Dominican Republic ?

The following signs that can be reproduced graphically and are capable of distinguishing the goods or services of one person or entity from another are registrable as a trademark:

• words;
• names;
• devices;
• certain three-dimensional shapes;
• colors;
• slogans;
• sounds;
• smells (olfactory trademarks);
• trade dress / get-up;
• holograms.

What classification is used in Dominican Republic ?

This jurisdiction uses the Nice Classification System

Is the use of trademark is necessary to file TM in Dominican Republic ?

Proof of use is not required prior to the issuance of a registration or the issuance of a notice of allowance / acceptance

Is  Dominican Republic part of the Madrid Protocol ?

This jurisdiction is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.

What is the term of registration of a trademark in  Dominican Republic ?

The term of registration is 10 years

Which treaties is Dominican Republic party to ?

The Dominican Republic is a member of the following international treaties relating to intellectual property:

• Paris Convention;
• Trademark Law Treaty;
• Nice Agreement.

In addition to regular trademark registrations, what other types of trademarks are registrable ?

• collective marks;
• certification marks;
• well-known marks (There is no particular categorization of well-known marks for registration means. A declaration of recognition of a mark as being well known can be obtained during an administrative litigation via a Resolution of the Industrial Property Office.);
• service marks.
• Retail services are registrable provided that the nature of the retail services is clearly identified.

What types of trademarks are not registrable in Dominican Republic ?

The following are not registrable in the Dominican Republic

• marks contrary to moral standards or public order;
• generic terms;
• Non-di
• names, flags or symbols of states, nations, regions, or of international organizations;
• non-distinctive trademarks absent a showing of acquired distinctiveness (secondary meaning);
• marks that function principally as geographic location names (but not Geographic Indications or Appellations of Origin);
• merely descriptive terms, such as laudatory terms (unless in combination with a distinctive sign);
• terms that infringe copyright;
• terms that are applied for in bad faith, i.e., a) as an obstacle to bar a competitor from entering a particular market; b) it is a complete reproduction of a famous or well-known trademark; or c) the applicant is a distributor who knowingly attempts to register the mark in his/her own name instead of in favor of the licensor. A mark filed in bad faith will not necessarily be refused by the Examiner; therefore a party with a better established right can either interpose an opposition or a cancellation action. When bad faith is proven, there is no statute of limitations to interpose a cancellation action.
• terms that are contrary to any existing local law.

Is TM search mandatory before the TM filing ?

No it is not mandatory although it is recommended to do so before the TM filing to make a fair evaluation of the possibilities of success of the TM registration

Is the use of the TM necessary to maintain it in force in the Dominican Republic ?

Yes in the Dominican Republic the TM owner can be attacked on the ground of non-use, a trademark must be used within the following period of time: three years from the registration date.

The use is determined as followed:

It must be on a commercial scale. A trademark is in use when the goods or services have been placed in the local market or are made available to the national market under such trademark, in the quantity and manner which normally corresponds, according to the market size, the nature of the wares and the means of their commercialization.

Also, use of a mark is construed in relation to products destined for export from the national territory, or services made available abroad from the national territory.

USA FAQs

Is online filing available in USA ?

In USA there is online filing of trademark application

Is the registration of the TM mandatory to establish right to a trademark ?

• Registration is not mandatory to establish rights to a trademark; prior use establishes right to a trademark; this is a "first to use" jurisdiction.
• Use of an unregistered mark for any goods or services is legal. Some products such as pharmaceuticals and tobacco products require regulatory approval before they can be sold, but this has nothing to do with the right to use a particular mark.

What type of trademarks are registrable in USA ?

A. Registrable Trademarks

The following signs that can be reproduced graphically and are capable of distinguishing the goods or services of one person or entity from another are registrable as a trademark:

• words;
• names;
• devices;
• certain three-dimensional shapes;
• colors;
• slogans;
• sounds;
• smells (olfactory trademarks);
• trade dress / get-up;
• taste.

What classification is used in USA ?

USA uses the Nice Classification System.

Is the use of trademark is necessary to file TM in USA ?

• An applicant benefits from pre-filing use of a trademark. By doing so, it establishes common law rights and an actual first use priority date that pre-dates the constructive use filing date of the application.
• The benefits of pre-filing use are:
• Use may demonstrate acquired distinctiveness (secondary meaning) and help to overcome an objection to an application to register the trademark on the grounds of non-distinctiveness.
• When a mark is not registered, use of that mark may provide the following benefits: Protection against unfair competition may be available for trademarks with substantial and longstanding use that

Is USA part of the Madrid Protocol ?

USA is a party to the Madrid Protocol but not the Madrid Agreement and may be designated in international applications.

What is the term of registration of a trademark in USA ?

The term of a registration of a trademark in USA is 10 years

Which treaties is USA party to ?

USA is a member of the following international treaties relating to intellectual property:

• Paris Convention;
• Trademark Law Treaty;
• Singapore Treaty;
• Madrid Protocol;
• Nice Agreement.

In addition to regular trademark registrations, what other types of trademarks are registrable ?

The following are registrable in USA

• collective marks;
• certification marks;
• well-known marks;
• service marks.
• Retail services are registrable provided that the nature of the retail services is clearly identified.
• The following are not registrable as trademarks:

What types of trademarks are not registrable in USA ?

• marks contrary to moral standards or public order;
• generic terms;
• names, flags or symbols of states, nations, regions, or of international organizations;
• non-distinctive trademarks absent a showing of acquired distinctiveness (secondary meaning);
• marks that function principally as surnames;
• marks that function principally as geographic location names (but not geographical indications or appellations of origin).

Is TM search mandatory before the TM filing ?

No it is not mandatory although it is recommended to do so before the TM filing to make a fair evaluation of the possibilities of success of the TM registration

Is the use of the TM necessary to maintain it in force in USA ?

Yes in USA the TM owner can be attacked on the ground of non-use, a trademark must be used within the following period of time: three years from the registration date. Three or more years of non-use constitutes prima facie evidence of abandonment, which shifts the burden to the trademark owner to prove that it has an intention to resume use of the mark.

The use is determinedas followed: It must be use on a commercial scale, normally characteriized as use in the ordinary course of trade

JAMAICA FAQs

Is online filing available in Jamaica ?

In Jamaica there is no online filing of trademark application

Is the registration of the TM mandatory to establish right to a trademark ?

Registration is not mandatory to establish rights to a trademark; prior use establishes right to a trademark; this is a "first to use" jurisdiction.

What type of trademarks are registrable in Jamaica ?

Registrable Trademarks

The following signs that can be reproduced graphically and are capable of distinguishing the goods or services of one person or entity from another are registrable as a trademark:

• words;
• names;
• devices;
• certain three-dimensional shapes;
• colors;
• slogans;
• sounds;
• smells (olfactory trademarks);
• trade dress / get-up;
• holograms;
• motion;
• taste;
• touch.

What classification is used in Jamaica ?

Jamaica uses the Nice Classification System.

Is the use of trademark is necessary to file TM in Jamaica ?

Either actual use or intent to use is required for application in Jamaica

Is Jamaica part of the Madrid Protocol ?

This jurisdiction is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.

What is the term of registration of a trademark in Jamaica ?

The term of a registration of a trademark in Jamaica is 10 years

Which treaties is Jamaica party to ?

Jamaica is a member of the following international treaties relating to intellectual property:

• Paris Convention;
• Nairobi Treaty;
• Nice Agreement;
• Vienna Agreement.

In addition to regular trademark registrations, what other types of trademarks are registrable ?

The following are registrable in Jamaica

• collective marks;
• certification marks;
• service marks.

What types of trademarks are not registrable in Jamaica ?

The following are not registrable as trademarks:

• marks contrary to moral standards or public order;
• generic terms;
•  names, flags or symbols of states, nations, regions, or of international organizations;
• non-distinctive trademarks absent a showing of acquired distinctiveness (secondary meaning);
•  marks that function principally as geographic location names (but not Geographic Indications or Appellations of Origin).

Is TM search mandatory before the TM filing ?

No it is not mandatory although it is recommended to do so before the TM filing to make a fair evaluation of the possibilities of success of the TM registration

Is the use of the TM necessary to maintain it in force in JAMAICA ?

Yes in JAMAICA the TM owner can be attacked on the ground of non-use, a trademark must be used within the following period of time: Five years from the registration date, the date of entry of the trademark on the Trade Marks Register.

The use is determined as followed : can be minimal but must be genuine meaning being on the local market