Country-specific answers to the most common questions about trademark registration in our key markets.
No. In Haiti there is currently no online filing of trademark applications. All filings must be submitted in person or through a local representative.
Yes. Registration is mandatory to establish rights to a trademark in Haiti — this is a "first to file" jurisdiction. However, priority may be given to the party that shows proof of use before other applicants in case of conflict.
The following signs that can be reproduced graphically and are capable of distinguishing goods or services are registrable: words, names, labels, landforms, stamps, devices, colors, slogans, monograms, and holograms.
Haiti uses the Nice Classification System.
No. Use of the trademark is not necessary to file a trademark application in Haiti.
No. Haiti is not a party to the Madrid Protocol and cannot be designated in international applications.
The term of registration of a trademark in Haiti is 10 years, renewable.
Haiti is a member of several WIPO treaties including the Beijing Treaty on Audiovisual Performances, the Marrakesh Treaty, the Patent Law Treaty (PLT), the Singapore Treaty on the Law of Trademarks, the Berne Convention (January 11, 1996), the Convention Establishing WIPO (November 2, 1983), the Lisbon Agreement (September 25, 1966), and the Paris Convention (July 1, 1958).
The following are not registrable: marks contrary to moral standards or public order; generic terms; names, flags or symbols of states, nations, regions, or international organizations; and non-distinctive trademarks absent a showing of acquired distinctiveness.
No, a trademark search is not mandatory. However, it is strongly recommended before filing to evaluate the chances of successful registration.
No. Use is not necessary to maintain the trademark in force, as long as the owner files an affidavit of non-use by the 6th year after the registration date, indicating the wish to keep the trademark in force.
Yes. Online filing of trademark applications is available in the Dominican Republic.
Yes. Registration is mandatory — this is a "first to file" jurisdiction. However, prior rights can be established through prior use of at least six continuous months before a third-party application date.
Registrable signs include: words, names, devices, certain three-dimensional shapes, colors, slogans, sounds, smells (olfactory trademarks), trade dress/get-up, and holograms.
The Dominican Republic uses the Nice Classification System.
No. Proof of use is not required prior to the issuance of a registration or a notice of allowance/acceptance.
No. The Dominican Republic is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.
The term of registration is 10 years, renewable.
The Dominican Republic is a member of the Paris Convention, the Trademark Law Treaty, and the Nice Agreement.
Collective marks, certification marks, well-known marks (obtainable via administrative litigation), service marks, and retail services marks are all registrable.
Not registrable include: marks contrary to moral standards or public order; generic terms; names, flags or symbols of states or international organizations; non-distinctive trademarks; geographic location names; merely descriptive or laudatory terms; terms that infringe copyright; and terms applied for in bad faith.
No, but it is strongly recommended to evaluate the chances of successful registration.
Yes. A trademark must be used within three years of the registration date. Use must be on a commercial scale in the local market, or in relation to products destined for export.
No. Registration is not mandatory — this is a "first to use" jurisdiction. Prior use establishes the right to a trademark. Use of an unregistered mark for any goods or services is legal.
Registrable signs include: words, names, devices, certain three-dimensional shapes, colors, slogans, sounds, smells (olfactory trademarks), trade dress/get-up, and taste.
The USA uses the Nice Classification System.
Yes. Pre-filing use establishes common law rights and an actual first use priority date that pre-dates the constructive use filing date. It can also demonstrate acquired distinctiveness (secondary meaning) and help overcome non-distinctiveness objections.
Yes. The USA is a party to the Madrid Protocol (but not the Madrid Agreement) and may be designated in international applications.
The term of registration is 10 years, renewable.
The USA is a member of the Paris Convention, the Trademark Law Treaty, the Singapore Treaty, the Madrid Protocol, and the Nice Agreement.
Collective marks, certification marks, well-known marks, and service marks are all registrable. Retail services marks are registrable provided the nature of the retail services is clearly identified.
Not registrable include: marks contrary to moral standards or public order; generic terms; names, flags or symbols of states, nations, or international organizations; non-distinctive trademarks without secondary meaning; marks that function principally as surnames; and marks that function principally as geographic location names.
No, but it is strongly recommended before filing to evaluate the chances of successful registration.
Yes. Three or more years of non-use constitutes prima facie evidence of abandonment, shifting the burden to the trademark owner to prove intent to resume use.
No. There is currently no online filing of trademark applications in Jamaica.
We serve 22 countries across the Caribbean and Latin America. Contact us for country-specific guidance.
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