- Knowledge
In the international trademark layout, Haiti has become a "niche country" that companies are prone to fall into due to its special "oath system". If the oath is not submitted on time, the trademark will become invalid directly!
01
Haiti Trademark Revocation Rules
Third parties can initiate at any time:After 5 years of trademark registration, competitors can submit a revocation application to the Haitian Intellectual Property Office (HIPO).
Inverted burden of proof:The trademark holder must submit evidence of use for the past 5 years after receiving the revocation notice, otherwise the trademark will automatically become invalid.
02
Oath Core Time Nodes
Haiti requires trademark registrants to regularly submit an oath of use, with no grace period or remedial measures, and extremely strict time constraints! The specific rules are as follows:
1. First Oath
Trigger time:Within the first 3 months of the 6th year from the date of trademark registration.
For example:The trademark registered on January 1, 2025 must complete the first oath between January 1 and March 31, 2031.
2. Subsequent oath
Cycle:Repeat every 6 years after each renewal (calculated based on the renewal expiration date).
For example:The trademark renewed on January 1, 2035 must complete the next oath from January 1, 2041 to March 31, 2041.
⚠️ Special note: The Haitian trademark is valid for 10 years, but the oath taking cycle is fixed at "once every 6 years", which overlaps with the renewal time and requires strict follow-up on each milestone!
03
What documents are required to be submitted for the oath?
1. Basic materials
01. Signed Declaration of Use
An affidavit signed by the trademark registrant is required, declaring that the trademark will continue to be used on the designated goods/services. The statement should clearly specify the scope of use and usually does not require detailed evidence
02. Copy of Trademark Registration Certificate
Provide a copy of the trademark registration certificate or registration number to verify the consistency between the trademark information and official records
2. Supplementary materials (subject to official requirements)
01. Evidence of use (provided during spot checks)
The Haitian authorities have not explicitly required the use of evidence, but random inspections may be conducted. It is recommended to prepare the following materials in advance for backup:
Physical photos of the product (including French text labels);
Sales records or customs declaration documents for exports to Haiti;
Local distribution contract or authorization agreement.
02. Unused statement (special circumstances)
If the trademark is in an unused state, a written explanation must be submitted (such as market access delay, force majeure, etc.), but Haiti has not clearly stated whether it accepts such exemptions
04
Common Problems and Misconceptions of Enterprises
Question 1: Does the trademark meet the usage requirements if it is only sold to Haiti through Amazon Mexico?
Not in line! Evidence of direct association with the Haitian market is required (such as local dealer invoices, advertisements within Haiti).
Question 2: Can the overdue renewal be remedied?
infeasible! Haiti has no grace period, and if the deadline is exceeded, a new application must be made.
Misconception 1: Oaths and renewals can be processed together
Correct answer: Haiti's oath and renewal are independent procedures that need to be submitted separately and the time windows do not overlap
Misconception 2: Unused trademarks are exempt from taking oaths
Correct explanation: Haiti does not have a "justifiable reason for non use" clause, and it is necessary to declare that the trademark is in use, otherwise it may be revoked
05
Practical advice for enterprises
1. Establish an exclusive schedule
Integrate the oath taking time with renewal, annual fee payment, and other matters into a "Trademark Maintenance Calendar", and set multiple reminders (such as a 6-month advance warning).
2. Prepare evidence in advance for use
Even if it is not mandatory, it is recommended to regularly archive the sales and promotional records of the trademark in the local area (such as e-commerce pages, customs documents) for inspection.
3. Entrust professional agency
Official documents in Haiti are mostly in French and the process is complex. It is recommended to handle them through an agency familiar with local rules to avoid material defects that may lead to rejection.
