Trademark registration in Cuba. Cuba, officially the Republic of Cuba, is a country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is the second-most populous country in the Caribbean after Haiti, with over 11 million inhabitants. It has currently one of the world’s only planned economies, and its economy is dominated by the tourism industry and the exports of skilled labor, sugar, tobacco, and coffee. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Cuba.
Necessary documents for trademark registration in Cuba
Necessary documents for trademark registration in Cuba include:
- Declaration requesting trademark registration in Cuba;
- Trademark models;
- List of products, goods, and services bearing the intended trademark;
- Power of attorney if through a representative;
- Proof of payment of fees.
The procedure of trademark registration in Cuba
In order to obtain proprietary rights over a trademark, the trademark applications must be filed with the Intellectual Property Office of Cuba (OCPI).
Once the trademark examination is finished, the trademark application will be published in the Official Industrial Property Bulletin. After the publication of the trademark, any third parties will have a period of 60 days to file an opposition action against the trademark application. The chances of success for an opposition will differ in each circumstance depending on the details of each case.
- Separate trademark: If one wishes to use the word element separately from the logo (or vice versa), the applicant should register for another trademark including only the word or figurative elements that they wish to use and protect separately to have the best protection to the registered trademark in the market.
- Combined trademark: If one registers a combined trademark (which includes both word elements and figurative elements) in Cuba, the exclusive right to use the trademark is limited to the use of the trademark in the exact configuration or way in which it was filed and registered.
The protection, validity period, renewal of trademark registration in Cuba
When successfully registered a trademark in Cuba, the owners of the trademark will have exclusive rights over their trademark. When other parties intend to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of said trademark, the owner of the trademark will have the right to oppose/object to the application. However, it should be noted that such action may only be performed within a certain amount of time.
Trademark registration in Cuba has a validity of 10 years from the date of filing and it can be renewed indefinitely for another 10 years. In addition, the owner may also file for a trademark renewal during the grace period of 6 months after the expiration date of the trademark with a late payment fee.
Note: Cuba is a member state of the Madrid Protocol. Therefore, the extension of international registration of a trademark via the Madrid System is possible for this country.
Use requirement of the trademark in Cuba
In Cuba, the trademark does not have to be in use at the moment of registration. Despite that, prior use of the trademark may be useful to increase the trademark owner’s claims over the trademark. Furthermore, it may also help to overcome objections raised on the grounds of lack of distinctiveness.
Although a trademark does not have to be in use for it to register, it should be noted that the trademark registered in Cuba must not go unused for more than three years after registration or it will become vulnerable to cancellation actions based on lack of use of the trademark.
You can see a list of Cuba IP firms here.