Since the U.S. is starting to normalize relations with Cuba, a lot of businesses are beginning to explore potential business opportunities. Foreign investors who want to protect their trademark in Cuba are advised to register it with the appropriate authority in this country.
General information about trademark registration in Cuba
Trademark registration in Cuba is compulsory to obtain proprietary rights over a trademark. Trademark applications in this country have to be submitted to the Intellectual Property Office of Cuba (OCPI).
Cuba is a member country of the Madrid Protocol, therefore the extension of an international registration of a trademark through the Madrid System can be achieved here.
In Cuba, the trademark is not required to be in use at the date of the registration. Nevertheless, previous use of the trademark could be beneficial in order to overcome any objections brought on the grounds of absence of distinctiveness by showing acquired distinctiveness.
Once the trademark examination is settled, the trademark submission has to be published in the Official Industrial Property Bulletin. From the date of the publication starts a period of 60 days when any interested third party can apply opposition actions against the trademark application. The possibility of a successful trademark registration procedure in Cuba varies for each individual case depending on the situation. Our attorneys in Cuba can provide further assistance regarding this issue.
Requirements for applying for trademark in Cuba
In order to file a trademark application in Cuba, the following information and documents have to be submitted:
• Name and address of the claimant;
• One representation of the trademark, or 20 representations in case the sign has a graphical mark, which have to be sent in electronic format;
• List of goods which are covered;
• A Power of Attorney duly signed by the claimant (there is no requirement for legalization).
In regards to the registration period, under Cuban legislation the final decision of the OCPI has to be produced in one year’s time. Nevertheless, in practice this final decision could be postponed for up to two years. The registeredtrademark in Cuba is valid for ten years.
We are able to assit our clients with the trademark registration process in Cuba. Please contact our law firm in Cuba for more details.