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.
Table of contents
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.
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:
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:
The exact trademark registration fee in Cuba can vary depending on a few factors:
Here are general guidelines (keep in mind that these are estimates only and subject to change):
To file for trademark protection in Cuba, you can apply by the following filing methods:
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
Advantages of registering a trademark in Cuba through the Madrid System:
Disadvantages of registering a trademark in Cuba through the Madrid System:
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.
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