Cuba (CU)
Apr 04, 2019Notification under new Rule 40(6) of the Common RegulationsCuba has notified WIPO in accordance with new Rule 40(6) of the Common Regulations, which entered into force on February 1, 2019.
According to the said notification, new Rule 27ter(2)(a) of the Common Regulations is not compatible with the law of Cuba and does not apply in respect of Cuba. As a result, the Office of Cuba will not present to the International Bureau of WIPO requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).
For further information, please click hereSource: www.wipo.int Sep 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, issued December 24, 1999 and entered in force May 2, 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, 11th 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. 3.1).
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.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe 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 90.00 for all the classes.
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Practical details on trademark licensing are available in our publication
here.
Sep 02, 2019
HSM IP Ltd., Grand Cayman, Cayman Islands
Jan 25, 2019
Claim S.A., Habana, Cuba
Jan 23, 2018
Claim S.A., Habana, Cuba
Nov 23, 2016
Claim S.A., Habana, Cuba
Aug 12, 2013
Claim S.A., Habana, Cuba
Aug 30, 2012
Moeller IP Advisors, Buenos Aires, Argentina
Nov 18, 2010
Moeller IP Advisors, Buenos Aires, Argentina