Cuba
Fees for registering Cuba trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Cuba are mainly based on Decree No. 203, which came into effect on May 2, 2000, regarding trademarks and other distinctive marks. The Cuban Industrial Property Office is responsible for managing trademark affairs and the official language is Spanish. Trademark rights need to be obtained through registration. The exclusive right to use a trademark is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The Cuban trademark registration follows the principle of "application first".
Cuba is a party to international intellectual property treaties such as the Nairobi Treaty, Nice Agreement, Paris Convention, WIPO Convention, Vienna Agreement, TRIPS Agreement, and Geneva Convention. It has also joined the Madrid Agreement and Madrid Protocol, so trademark registration can be processed through "single country registration" or "Madrid international registration".
Trademark Registration Process
At present, the Cuban Trademark Office adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that make up a registered trademark in Cuba include graphics, numbers, text, letters, colors, three-dimensional logos, or combinations thereof.
If the applicant does not reside in Cuba, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a Cuban trademark is: application acceptance examination announcement approval issuance. After the application is submitted, it usually takes about 1-2 months to decide whether to accept it. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After the review is approved, an announcement will be arranged, and a 60 day objection period will be set from the announcement date. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
6. The slogan trademark lacks originality.
If there are no objections or objections are not valid during the announcement period, the registration can be approved and a registration certificate can be issued. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If everything goes smoothly, trademark registration in Cuba takes about 18-24 months; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended, possibly taking about 4 years.
Trademark registration materials
The Cuban trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years. The revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2.If a trademark has not been used in that country for three consecutive years after registration, anyone may apply for invalidation;
3. If it is known or should have been known that someone else has prior rights when applying for a trademark, the application may be invalidated.
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