Cuba (CU)
09-02-2012 (Newsletter Issue 13/12)
New Industrial Property Law
Law No. 290/2012 has been enforced in Cuba on April 1, 2012. The law is e.g. covering Patents, introducing Utility Models, changing the definition of industrial models/designs.
A brief summary of the changes introduced by the new law are:
- It is now possible to seek protection for utility models.
- Patent applications will be published in order to enable third parties to file oppositions.
- Patents can only refer to products and to processes.
- The definition of what is considered an invention has been changed.
- The subject matter excluded from patentability as well as what is considered a patentable microorganism have been defined in more detail.
- Patents will have the duration of 20 years counted as from filing date. This is also valid for patents that were still in force in January 2005. The Cuban Patent Office has already started issuing Patent Certificates containing the new duration for patents granted under the former law.
- Inventors' Certificates will be transformed into patents in those cases in which the subject matter allows it.
The new law also contains a clear difference of what can be protected as industrial model and what as a design, as well as a detailed description of proceedings, which include publication in order to allow third parties to file oppositions, examination, and payment of annuities.
Source: Moeller IP Advisors, Argentina
Legal basis is the Decree on Trademarks and other Distinctive Signs, in force since May 2nd, 2000 (Decree Law 203/2000).
Cuba is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Nice classification
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, colours, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, sound marks and olfactory marks and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks and trade names.
The application is filed at the Patent Office.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration is approx. 18 months.
Prior to registration, the trademark application is published approx. 6 months after the date of the application in the Industrial Property Bulletin.
National:
The opposition period is 2 months from publication of the application.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
2 months
Protection begins with the date of application. A trademark registration is valid for 10 years.
The registration is renewable for periods of 10 years.
If the trademark has not been used within 3 years from registration, it may be subject to cancellation.
The official fees are USD 270.00 (approx. EUR 184.00).
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
340,00 € |
250,00 € |
| Word Mark Search (identical) |
310,00 € |
210,00 € |
| Extended Search (word mark, company name, domain) |
|
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| Device Mark Search (availability) |
|
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| Trademark Owner Search |
|
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| Company Name Search |
|
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| Domain Name Search (extended) |
|
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| i-Search (word mark availability + legal opinion) |
430,00 € |
380,00 € |
The Prices above are S.M.D. Markeur Search Fees
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
We would like to thank the following law firms for their assistance in updating the information provided:
Country Survey
08-30-2012
Moeller IP Advisors, Buenos Aires, Argentina
11-18-2010
Moeller IP Advisors, Buenos Aires, Argentina