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Claim S.A.
Habana, Cuba (CU)

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Cuba (CU)

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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, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, combinations of colours, the three-dimensional form of a good or its packaging, sound marks and olfactory marks and any combination of the mentioned signs. Single colours are not protectable as a trademark unless they are combined with a design (Art. 16.1).
The following trademark types are registrable: product marks, service marks (or both), collective marks and trade names.
The application is filed at the Cuban Industrial Property Office.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised or protocolised power of attorney is sufficient (copy of the original suffices).
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 60 days from the publication date of the Industrial Property Bulletin.



Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from the date of application. The registration is renewable for periods of 10 years.
A trademark may be renewed during 6 months preceding the expiry date.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 3 years from registration, it may be subject to cancellation action on the ground of non-use initiated by CIPO or a third person interested. CIPO normally does not use this prerogative.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is USD 300 in up to 3 classes and USD 100 for each additional class. The publication fee is included in the payment for filing the trademarks application. The registration fee is USD 290 for all the classes.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 340,00 € 250,00 € 
Word Mark Search (identical) 310,00 € 210,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
11-23-2016
Claim S.A., Habana, Cuba  

08-12-2013
Claim S.A., Habana, Cuba  

08-30-2012
Moeller IP Advisors, Buenos Aires, Argentina

11-18-2010
Moeller IP Advisors, Buenos Aires, Argentina



Claim S.A.



Nadia Alvarez Mainegra

Nadia Alvarez Mainegra
Lamparilla No. 2, Lonja del Comercio, Oficina G, Habana Vieja
Habana
Cuba (CU)
Tel + 53 780 12755
Fax + 53 780 11746
marcas@claim.com.cu
www.claim-sa.com

We are a specialized consultancy in Intellectual Property whose aim is the representation and advice to third parties on issues related to the acquisition, maintenance, counseling, protection and defense of their rights in industrial property, copyright and sanitary registries.

Mission
Meet the need of legal or natural persons which are nationals or foreign, related to consulting, acquisition, maintenance and protection of intellectual property rights in Cuba and abroad.

Vision
To be a world-class organization, particularly in the US market, by strengthening the competitive position obtained by the quality and speed of response to our clients.
We have a multidisciplinary team of highly competent and qualified specialists, from different technical fields with emphasis in the areas of Biotechnology and Pharmacy, among others, and lawyers specialized in IP, who offer the best technical and legal expertise related to all matters concerning the protection of Intellectual Property.

Our Services
We offer between our major services the representation, searching, registration requests, renewal and recordals, licensing, of all the modalities related with Intellectual Property.

Major Modalities
- Trademarks
- Inventions
- Industrial Models
- Utility Models
- Copyright

Oficina Cubana de la Propriedad Industrial (OCPI)
Calle Picota No. 15 e/ Luz y Acosta
Habana Vieja
Apartado 2180 Habana 2
CP 10200, Ciudad de La Habana
Cuba
Tel +537 862 4379; +537 862 4395
Fax +537 866 5610
Mail webmaster@ocpi.cu
www.ocpi.cu



World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int