Trademark application Cuba

Trademark registration Cuba

Register your trademark in Cuba online in 3 steps…

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What are the costs of a trademark registration in Cuba?

The costs of trademark registration in Cuba depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a trademark registration in Cuba?

Trademark registration in Cuba is mandatory for getting the rights to a trademark. The trademark application in Cuba goes through the Intellectual Property Office of Cuba (OCPI). An approved application is only valid in the Caribbean country itself. But because Cuba is part of the Madrid Treaty, it is easier to expand the registration internationally. The Madrid Protocol makes it possible to register a trademark in more than a hundred member countries with one application. It also means that – provided you are registered with another Madrid member state – registration in Cuba via the Protocol is possible.


Why is a distinctive mark necessary?

A trademark identifies and distinguishes products and services. When consumers see a brand, they know which product or service they are dealing with. That is why a trademark must also be distinctive. For this reason, the OCPI carries out a trademark search for every trademark application. A trademark does not necessarily have to be in use at the time of application. Once the trademark search has been completed, the application will be published in the Official Industrial Property Bulletin.


What protection does trademark registration offer in Cuba?

A trademark registration in Cuba provides protection and gives the exclusive right to the trademark. As long as a trademark is not registered, it has no rights and this can lead to unpleasant (commercial) consequences. Trademark registration in Cuba offers protection against third parties, among other things. A third party cannot just register a comparable trademark. When third parties do this, you as the brand owner have the right to object. You can also take legal action against counterfeiters.


Recognition with r symbol

A registered trademark in Cuba may use the r symbol. The symbol shows that the trademark is registered. Only registered brands are entitled to the r symbol used worldwide. For unregistered brands it is not allowed and punishable to use the r symbol. The r symbol also radiates professionalism.


Who is authorized to apply for a trademark in Cuba?

The jurisdiction for a trademark application in Cuba depends on the situation. If you have an official residence in Cuba or the company concerned is located in the country, then you are authorized to make the application yourself. If not, an official agent must perform the procedure for you.


What data is required for OCPI?

The OCPI needs several details before the application process starts. The following must be provided:

  • Complete personal and company data
  • An example of the trademark to be registered
  • Description of product(s) and/or service(s) including classification according to Nice system
  • Power of attorney, unless you are authorized yourself

Nice's classification system

The determination of the classes for products and services follows the Nice classification system. This model is internationally recognized as the standard. The model is made up of 45 classes: 34 for products and 11 related to services. To select the right classes, it helps to answer these questions: what products are sold or what services are provided? And what will the brand promote? The exact distribution of the Nice system can be found in the official documentation.


When can other parties object?

Third parties have sixty days from the date of publication to object to the trademark application. If third parties do not make use of this option, the entire procedure will take approximately eighteen months. In the other, negative scenario, the process takes a few more months. Objection from third parties can lead to expensive opposition proceedings.


How long is a trademark protected?

A registered trademark in Cuba is valid for ten years from the date of application. This term can be extended by periods of ten years. The trademark is renewable six months before the expiry date. After the expiration date, there is still a grace period of six months. A trademark may not remain unused for more than three months. After that, third parties have the right to have the trademark deleted from the Cuban registers.


What types of marks do we know in Cuba?

A trademark registration in Cuba can be done in different ways. The country distinguishes three forms: the word mark, the figurative mark and the combined trademark. The word mark consists only of letters, numbers, words and combinations thereof, also known as alphanumeric characters. The logo only contains images, figures, symbols, emblems and other graphic items.


Notes on Combined Trademark

For the combined trademark with both word and figurative elements, please note the following: The combined trademark should only be used according to its exact registration. It means that elements should not appear separately from each other in expressions. There are no rights to this, unless both elements are registered separately. So if you want to use the elements in a combined trademark, separate registration is recommended.

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