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How to Register a Trademark in Cuba?

May 10 , 2024

A Trademark is a set of signs which highlights the distinctive qualities of an enterprise or a production or servicing unit in order to differentiate it from its similar ones in a common market.

Every Trademark seeks exclusivity and identification with its target audience by reinforcing its identity through the use of colors and color combinations, typography or symbols that evoke its star products or services and are easily distinguishable from the competition.

By registering a trademark, the owner becomes the only one with the right to use it within the country, and therefore his power is protected by law in the event of any attempt to infringe his ownership of the trademark and its identifying elements.

Brands that expand their commercial operations outside of Cuba must register their trademarks in all the territories they cover in order to protect their identity and exclusivity in all areas.

Where is this procedure performed in Cuba?

The Cuban Industrial Property Office (OCPI), an entity of the Ministry of Science, Technology and Environment (CITMA), is responsible for the registration of trademarks.

Foreign applicants not established in Cuba must file through an official industrial property agent.

Brand registration procedures in Cuba:

The first step is to conduct a search of prior registrations to confirm that the name or mark will not interfere with previously established marks in the same class of goods or services. To be registered, the trademark must successfully pass this stage.

Requirements

Be a natural or legal person, domestic or foreign, in full exercise of its legal capacity.

Submit the appropriate form for your trouble-shooting request.

The application must contain information about the mark to be registered and an explanation of the meaning of its features.

The next step is to register the trademark by following the steps below:

  • Submit the “Application for Trademark Registration” form, signed by the applicant or the applicant’s representative.
  • Make the appropriate payment for the trademark application.
  • Where required, provide evidence of the representative status of the person requesting the registration.

You will also need to provide the following information

Case 1: a reproduction of the mark: for word marks, written entirely in the Latin alphabet or in Arabic or Roman numerals.

Case 2: Twenty reproductions of the mark: for those that are figurative, that combine different display formats, or that contain letters in non-Latin alphabets or non-Arabic or non-Roman numerals.

Completion of the procedure

Once the applicant has completed the process, the Office carries out a series of bureaucratic procedures which should not exceed 12 months in total. Therefore, in the term of one year, if there are no setbacks, the applicant will receive the registration of his or her trademark.

Payment for the registration must be made within 30 days from the date of granting of the registration, after the payment is completed the registration of the trademark is ratified.

When do I need to renew my trademark registration?

A trademark is valid for 10 years from the date of registration. It must be renewed within 6 months before it expires.

In case of non-renewal, there is a 6-month grace period for renewal, which is subject to payment.

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