The international classification of goods and services (Nice Classification) consisting of 45 classes has not been adopted. Although Haiti is not party to the Nice Agreement, it is currently using the Nice classification.
Registration is mandatory for pharmaceutical products (class 5). They cannot be sold if the trademark is not registered.

Registrable as a trademark are : names in a distinctive form, emblems, impressions, stamps, cachets, vignettes, relief’s, letters, ciphers, monograms, labels, particular combinations of colors, signatures, ornamental designs, fabricated words or names, portraits in general, all special signs or appellations adopted or applied by said manufacturers, industrialists, merchants or companies to their products with the object of indicating their industrial, commercial, or agricultural activity, and of distinguishing it from others of the same kind.
Non-traditional marks (like sound marks, olfactory marks or three-dimensional forms) are registrable, but there is no precedent of any registration of sound and olfactory marks in Haiti, although they’re not expressly excluded by the law. Three-dimensional marks have been registered.
The following trademark types are registrable: trade marks, service marks and collective marks. Tradenames can also be registered.

The application is filed at the Ministry of Commerce and Industry.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A power of attorney (simply signed) is needed.
Foreign applicants do not need a domestic registration of the corporation or entity proprietor of the mark.
The processing time from first filing to registration is 8 to 12 months, if there are no oppositions. Prior to registration, trademark applications are published in the National Gazette “LE MONITEUR” for opposition purposes.

National:
The opposition period is 2 months from publication date of the application.

Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.

A trademark registration is valid for 10 years from date of expiration of opposition period. Proof of use or Affidavit of Non-Use should be provided at the end of fifth (5th) year from granting. If a Declaration of use or legitimate excuse for non-use has not been filed within the time limit indicated above, the registration becomes invalid. However, after the registration has lapsed, the owner of the lapsed registration has a period of priority of three months for refilling the same mark.
The registration is renewable for periods of 10 years.

The grace period for renewals is 6 months starting from the expiration date.

The law does not provide a specific timeframe for use. However, the mark must be used and in good faith during the period of five years preceding.
Cancellation action is based on prior use and will not be heard if it is filed more than five years after registration.

The official application fee for is USD 6.25 (approx. EUR 4.00) per class.
Publication fee is USD 50.00 (approx. EUR 35.00) for a design mark and USD 24.00 (approx. EUR 17.00) for a word mark.
Registration fee is and additional USD 15.00 (approx. EUR 11.00) - only final registration taxes.