Legal basis is the Decree on Trademarks and other Distinctive Signs, in force since May 2nd, 2000 (Decree Law 203/2000).Cuba is a member of the Madrid Agreement and the Madrid Protocol. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Trademark registration classification:
Nice Classification
Requirements:
- Details of the trademark owner (name, address, registration number).
- Representation of the trademark,in case the sign has a graphical mark which have to be sent in electronic format.
- A list of the goods and/or services in accordance with the international classification.
- A non-legalized power of attorney is sufficient.
Procedure:
- Trademark applications have to be submitted to the Intellectual Property Office of Cuba (OCPI)by a local agent.
- The application process includes a formal examination and a substantive examination of distinctiveness.
- After the formal examination the trademark application is published in the Industrial Property Bulletin. Any interested party has 60 days from the date of circulation of the Industrial Property Bulletin to oppose such application.
- After the publication and if no opposition is filed, OCPI will perform its substantive examination.
- If the trademark application is granted, the trademark registration fee must first be paid to OCPI before the trademark will be registered.
- The processing time from first filing to registration is approx. 18 months.
Duration and Renewal: A trademark registration in Cuba is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.
Fee Structure
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