How to file a Trademark in Cuba?

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.

How to file a trademark in Cuba?

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

1. Name of the trademark (if it is a design or combination of word + design, we need the corresponding specimens) 
2. Complete name and address of the applicant and state/country of incorporation. 
3. Power of Attorney: signed by the applicant or an authorized officer of the applicant company; the signature must be notarized by a Notary Public and Apostille.
   
   

Also, you may need to file a patent in Cuba. 

How is the process of filing a Trademark in Cuba?

1. Previous Search: Applicants must verify that their distinctive sign is available to follow the application process. There are also some restrictions on what can be considered applicable.

   You can get in touch with us and we can help you with the restrictions and we can proceed with a search free of charge.

    Click here to initiate the search.

    

2. Submission of Application: Once the trademark application is filled and sent out, the IP Office of Cuba will review for any errors and missing information to be completed.
   
   
3. Examination: The examination procedure begins with the filing of a trademark application form. They will verify that the application complies with all the formal requirements. 
     
4. Opposition: Once the application is verified, it will be published before the Cuban Intellectual Property Gazette. Third parties with interests will have 60 working days from the date of last publication to file an opposition and submit additional evidence.
    
5. Formal examination: Once the opposition period is finalized, the examiner determines whether the application fulfills all requirements, such as the name of the applicant, nationality, address, and correct goods or services classification.
    
6. Review of the application and Trademark Certificate: The Cuban Property Office issues a Conclusive Examination Report and a Resolution granting the registration of the trademark. There is a deadline to file the final fee model with the OCPI and then they issue the Certificate of Registration.

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.