Trademarks Law in Cuba
Certainly! Here's a detailed overview of Trademark Law in Cuba:
🇨🇺 Trademark Law in Cuba
Legal Framework
The primary legislation is Decree-Law No. 203 on Trademarks and Other Distinctive Signs, enacted on December 27, 1999, and amended in 2014.
Cuba is a member of several key international treaties:
Paris Convention for the Protection of Industrial Property
Madrid Agreement and Madrid Protocol (for international trademark registration)
Nice Agreement (on the international classification of goods and services)
TRIPS Agreement (via WTO membership)
Administering Authority
Trademark matters are handled by the Cuban Industrial Property Office (Oficina Cubana de la Propiedad Industrial – OCPI) under the Ministry of Science, Technology, and Environment.
What Can Be Registered?
Registrable trademarks include any sign capable of distinguishing goods or services, such as:
Words, names, letters, numerals
Logos, symbols, slogans
Three-dimensional shapes
Colors, sounds, or combinations (if distinctive)
Trademark applications must relate to goods or services, categorized under the Nice Classification system.
Registration Process
Application Filing with OCPI:
Applicant information
Representation of the trademark
List of goods/services (Nice Classification)
Formal Examination: OCPI checks if the application complies with procedural requirements.
Substantive Examination: OCPI examines for absolute and relative grounds for refusal.
Publication in the official bulletin.
Opposition Period: Interested parties have 60 days to file oppositions after publication.
Registration: If no opposition (or opposition is rejected), the trademark is registered and a certificate is issued.
Duration and Renewal
A trademark registration is valid for 10 years from the registration date.
It can be renewed indefinitely for additional 10-year periods.
Renewal must be requested within the last 6 months before expiration (with a grace period and possible late fee).
Rights Conferred
Exclusive right to use the mark in commerce for the registered goods or services.
Right to prevent third parties from using identical or confusingly similar marks.
Right to license, assign, or enforce the mark through legal action.
Use Requirement and Cancellation
The mark must be used in Cuba within 3 years of registration.
If not used for 3 consecutive years, the registration may be cancelled for non-use (unless justified by valid reasons).
Enforcement
Trademark owners may enforce their rights through:
Civil proceedings: Injunctions, damages, and seizure of infringing goods
Administrative actions before OCPI
Border measures: Customs may assist in seizing counterfeit goods
Criminal penalties: In cases of willful and commercial-scale infringement
International Protection
Cuba is a party to the Madrid System (Agreement and Protocol), allowing for:
International trademark registration
Designation of Cuba as a country for protection
Applicants can file through WIPO or directly with OCPI.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Decree-Law No. 203 (amended in 2014) |
| Administering Authority | Oficina Cubana de la Propiedad Industrial (OCPI) |
| Duration | 10 years, renewable indefinitely |
| Use Requirement | Must be used within 3 years to avoid cancellation |
| Opposition Period | 60 days after publication |
| International Treaties | Paris Convention, Madrid Agreement & Protocol, TRIPS |
| Types of Marks | Words, logos, shapes, colors, sounds (if distinctive) |
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