To file a trademark in Cuba, you must first submit the application to the Intellectual Property Office of Cuba (OCPI), since they are the authority responsible for managing intellectual property registration in the country.
What is a trademark in Cuba?
A trademark in Cuba are all distinctive and graphically representable sign, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, combinations of colors, the three-dimensional form of a good or its packaging, sound marks and olfactory marks and any combination of the mentioned signs. Single colors are not protectable as a trademark unless they are combined with a design. The following trademark types are registrable: product marks, service marks (or both), collective marks and trade names.
Cuba has been a member state of the Madrid Protocol since 1995, so it is easier to expand your trademark application internationally. A trademark in Cuba has the right to exclusively use a trademark and protects your trademark against third-parties from using or copying the trademark.
Contact us to initiate the process of filing a Trademark in Cuba. Click Here.
Documents needed
To file a trademark in Cuba can be done personally; the form must contain at least the following:
Note: A trademark application in Cuba must be filed in Spanish. Filing in a foreign language with late submission of Spanish translation is not possible.
Our in-house translators can assist you.
- TM information
First, provide the name of the trademark. If it includes a design or a combination of word and design, then include the corresponding specimens.
Next, submit the complete name and address of the applicant, along with the state or country of incorporation.
Finally, include a Power of Attorney signed by the applicant or an authorized officer of the applicant company. This signature must be notarized by a Notary Public and bear an Apostille.
Also, you may need to file a patent in Cuba.
How is the process of filing a Trademark in Cuba?
Previous Search: First, applicants must verify that their distinctive sign is available to proceed with the application. Some restrictions apply to what can be registered. You can contact us for help with these restrictions, and we will conduct a free search. Click here to start the search.
Submission of Application: After you complete and submit the trademark application, the Cuban IP Office reviews it for errors or missing information.
Examination: Next, the office examines the application to ensure it meets all formal requirements.
Opposition: Then, the application is published in the Cuban Intellectual Property Gazette. Third parties have 60 working days from the last publication date to file oppositions and submit evidence.
Formal Examination: After the opposition period ends, the examiner checks that the application includes all required details, such as applicant name, nationality, address, and proper classification of goods or services.
Review and Certificate: Finally, the Cuban Property Office issues a Conclusive Examination Report and a Resolution approving the trademark registration. You must pay the final fees by the deadline, after which the Certificate of Registration is issued.
FAQ
- How long does a Trademark Registration take? The average time for a Trademark in Cuba to be approved is about 2 to 3 years from the registration date, if there are no objections or oppositions.
- How long does the right to a Trademark last? The term of the right of your trademark in Cuba is 10 years from the date of application.
- Is Cuba a member of the Madrid System? Yes.
Representation by a Intellectual Property Agent
Please note that a general power of attorney is admitted and we can use it to file any number of applications on behalf of the same client
Goytia & Associates has local offices in Argentina and in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
Do you need to file a trademark in another country?
This content may suffer modifications due to updates in the official regulations of Cuba.
