Trademark registration in Cuba

Trademark registration in Cuba is become more important due to this country’s important role in connection point between North America, South America and Europe. The modern Mariel seaport can receive large container ships, opening up opportunities for the development of international trade. Cuba has diverse mineral deposits with large reserves: nickel, cobalt, copper, iron mines, oil, gas suitable for exploitation for import and export. Cuba also has many potential advantages to develop tourism such as suitable tropical climate, unique natural beauty, rich cultural heritage, many beautiful beaches. Currently, the tourism economy is developing strongly, attracting many international tourists. The Cuban government is implementing many open policies, encouraging foreign investment. The investment environment is increasingly improving, creating favorable conditions for businesses. Therefore, more and more investors decide to expand their business scope in Cuba, so many competitors will arise. To be able to differentiate your brand from other competitors, the important thing when investing businesses should do is to register a trademark. Viet An Law would like to preliminarily guide customers in the procedure for trademark registration in Cuba through the article below.

Legal basis

• Decree No. 54, on National Trademarks of the Republic of Cuba;
• Resolution No. 214 of 2021 on incorporating electronic means and the Official Industrial Property Gazette into forms of notification.

General overview of “trademarks” in Cuba

Definition of trademark in Cuba

• Unique signs are used to identify certain goods or services originating from a specific source (individual or business).
• A trademark gives the owner the exclusive right to use the mark for those goods or services, or allows others to use it in exchange for payment (licensing).

Conditions for trademark registration in Cuba

Uniqueness: The trademark must be unique. The trademark needs to clearly identify the applicant’s brand and distinguish it from others. Generic terms, descriptive phrases, or common symbols generally do not qualify.

Legality: Trademarks must not be objectionable, violate public order, or violate existing rights. Trademarks must also not mislead consumers about products or services.

Graphical representation: Brands need to be able to represent graphically. This means that it can be described visually in a way that allows for inspection and reproduction. As a result, sounds, scents or flavors often don’t qualify (although Cuba may have specific exceptions, so check with a professional).

Pre-use (optional): Although registration is not required, the use of a trademark in Cuba may strengthen the applicant’s application for registration. If there is a dispute about uniqueness, evidence of use can help prove that the applicant’s trademark has acquired uniqueness.

Trademark registration documents in Cuba

Application form: Download and fill in the required information in the form for trademark registration via the following website: http://www.ocpi.cu/

Trademark sample: Provide a clear and accurate trademark sample of the applicant’s trademark. This can be an image for a logo, or a detailed description for a non-visual trademark (sounds, scents may require specific formatting).

Information about the applicant: Includes complete information about the applicant, including:

• Name and address (personal or company)
• Nationality/Country of the applicant

List of goods or services: Clearly identify the specific groups of goods/services, goods or services to which the applicant’s trademark applies. Use the International Classification system for this purpose.

Authorization (if applicable): If an applicant applies through the use of an intellectual property representative, it is necessary to provide authorization that allows them to represent the applicant throughout the process.

Fee Payment Receipt: Payment receipt for application and filing fees

Additional Notes:

• Declaration of Use (optional): Although not required, the inclusion of a claim of prior use in Cuba may strengthen an applicant’s application profile, especially if uniqueness is challenged.
• Request for precedence (if applicable): If the applicant has filed an application for registration of the same international trademark under the Madrid Protocol, the applicant may claim priority based on the date of filing of that application.

Trademark registration fees in Cuba

The exact trademark registration fee in Cuba can vary depending on a few factors:

• Number of groups of goods/services: The official fee usually consists of a basic fee and an additional fee for each group of goods/services, goods or services to which the applicant’s trademark applies. As a result, subscribing to more groups of goods/services will result in higher total fees.

Here are general guidelines (keep in mind that these are estimates only and subject to change):

• Basic registration fee: CUC$300 (subject to change)
• Additional fee for each group of goods/services: CUC$92 for each group of goods/services exceeding the first 3 groups of goods/services (subject to change)

How to file a trademark application in Cuba

To file for trademark protection in Cuba, you can apply by the following filing methods:

• Direct Submission: You can go directly to the office of the Cuban Office of Industrial Property Ministry of Science, Technology and Environment (OCPI) at Picota #15 entre Luz y Acosta. CP 10100 La Habana Vieja Cuba for filing applications and related documents.
• By Post: You can send your application and all required documents through postal service or courier service to the address of  the Cuban Industrial Property Office Ministry of Science, Technology and Environment (OCPI) at Picota #15 entre Luz y Acosta. CP 10100 La Habana Vieja Cuba.

Trademark registration in Cuba through the Madrid system

The Madrid system is an international system that allows applicants to register trademarks in multiple countries with a single application. Cuba is a member of the Madrid System, meaning that applicants can use this system to register their trademarks in Cuba.

The process of registering a trademark in Cuba through the Madrid System

• Filing an international trademark application: File an application at the National Intellectual Property Office (WIPO) in English, French, or Spanish. The application must include: Information about the trademark owner, Image of the trademark, List of goods or services for which the trademark is used,  Designate Cuba as the country to which the applicant wishes to register the trademark
• WIPO will refer the applicant’s application to OCPI: OCPI will review the applicant’s application and decide whether to grant a trademark to the applicant. OCPI may ask the applicant for additional information or evidence. If OCPI approves the applicant’s application, the applicant’s trademark will be registered in Cuba and the applicant will be issued a Certificate of Registration.

Advantages of registering a trademark in Cuba through the Madrid System:

• Save cost and time: Applicants only need to file a single application to register a trademark in multiple countries.
• Simple process: The applicant does not need to hire a lawyer or representative in each country where the applicant wishes to register the trademark.
• Easy management: Claimants can manage all their international trademark registrations from one place.

Disadvantages of registering a trademark in Cuba through the Madrid System:

• Higher registration fees: International  trademark registration fees are higher than national trademark registration fees.
• Longer review process: International trademark applications may take longer than national trademark applications.

Trademark registration service in Cuba of Viet An Law Firm

• Perform the search and notify customers in writing the results of trademark search in Cuba;
• Draft the dossier and directly file and monitor the status of the trademark application filed in Cuba on behalf of the trademark owner;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Cuba;
• Assist in monitoring, representing and resolving objections and responding to intellectual property representatives carrying out procedures in Cuba.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Cuba, please contact Viet An Law Firm for the most effective support.

Disclaimer: This article was last updated in April 2024. Laws may have changed since then. Please contact Viet An Law to confirm the information in this article is current and for any legal assistance.