Trademarks in Cuba

Competent Authority

• Office Name: Cuban Industrial Property Office / Oficina Cubana de la Propiedad Industrial (OCPI).
• Working Language: Spanish. Applications must be filed in Spanish.
• System Type: National system (Cuba is also a Contracting Party to the international Madrid System).

International Treaties

• Paris Convention: Member. Priority can be claimed within 6 months from the first foreign filing date.
• Madrid Protocol: Member. Foreign applicants can designate Cuba via an International Registration (IR) through WIPO.

Applicant Eligibility & Representation

• Eligible Applicants: Natural persons and legal entities (both foreign and domestic).
• Local Representation / Agent Requirements:
• Foreign applicants without a domicile or real and effective industrial/commercial establishment in Cuba must be represented by an officially authorized local agent or specialized Cuban IP firm.
• Power of Attorney (POA): Required. A simply signed Power of Attorney is sufficient; formal notarization or consular legalization/Apostille is generally not required for standard national applications.
• Late Submission: A simply signed POA can be submitted post-filing within a statutory period (typically 60 days).

Online Application & Search Database

• Electronic Filing: Available through the OCPI electronic filing system and authorized official IP channels.
• Public Search Database: OCPI provides access to official trademark records. Pre-filing availability searches are conducted directly through registry requests.

Registrable Mark Types

• Standard & Non-Traditional Marks: Words, figurative/logo marks, acronyms, letters, numbers, slogans, trade names, 3D shapes/packaging, distinct color combinations, holograms, sound marks, and scent/olfactory marks.
• Translation & Transliteration: Marks incorporating non-Spanish wording or non-Latin scripts require an accurate Spanish translation and phonetic transliteration.

Classification System

• Classification Standard: Nice Classification system.
• Multi-Class Applications: Allowed. Applicants may cover multiple classes under a single application filing.
• Class Headings: Broad class headings are generally scrutinised; clear and precise descriptions of specific goods and services according to Nice terms are required.
• Class Fees: Fees are calculated based on the number of classes designated in the application.

Examination

• Absolute Grounds: Examined for distinctiveness, generic terms, descriptiveness, deceptiveness, public order, and morality.
• Relative Grounds (Prior Rights): OCPI conducts an ex officio examination for likelihood of confusion against prior registered marks or pending applications.
• Office Actions: If formal or substantive objections arise, OCPI issues an office action, granting the applicant a statutory period to submit arguments or corrections.

Publication & Opposition

• Publication: Once formal requirements are cleared, the application is published in the official gazette (Boletín Oficial de la Propiedad Industrial).
• Opposition Period: 60 days starting from the publication date in the official bulletin.
• Eligible Opponents: Any interested third party claiming prior rights or statutory grounds of non-registrability.

Timeframe & Acceleration

• Average Timeframe: A smooth, un-opposed trademark application typically takes 12 to 18 months from filing to grant.
• Expedited Examination: No standard official fast-track examination procedure is available; applications are examined in order of filing.

Official Fees

(Official fees in Cuba payable by foreign entities are set by OCPI in convertible currency - USD or EUR)

• Application Fee (First Class): Approx. USD $300.00.
• Additional Class Fee: Approx. USD $90.00 – $100.00 per additional class.
• Grant / Certificate Issuance Fee: Payable upon final approval of the trademark.
• Renewal Fee (10 Years / First Class): Approx. USD $300.00 – $350.00.
• Notice of Opposition Fee: Applicable per opposition action filed before OCPI.

Term of Protection & Renewal

• Protection Period: 10 years calculated from the filing date.
• Renewal Requirements: Renewable for consecutive 10-year terms indefinitely. Renewal applications must be submitted within the 6 months prior to expiry.
• Grace Period: A 6-month grace period is granted after the expiration date to file for late renewal, subject to a late fee surcharge.

Use Requirements & First-to-File vs. First-to-Use

• First-to-File System: Cuba operates under a First-to-File principle. Ownership rights arise directly from registration.
• Declaration of Use: Not required as a routine filing at the time of registration or renewal.
• Non-Use Cancellation: A registered trademark is vulnerable to non-use cancellation (acción de caducidad por falta de uso) if it has not been genuinely used in Cuba for 3 consecutive years following registration, unless legitimate reasons for non-use are proven.

Post-Registration Transactions

• Assignments & Transfers: Assignments must be registered with OCPI to be enforceable against third parties.
• Licensing: Trademark license agreements must be officially recorded with OCPI to produce legal effect against third parties.
• Changes of Name/Address: Official recording with OCPI is required to maintain accurate title on the registry.

Enforcement & Legal Remedies

• Tribunals & Courts:
• Cuban Industrial Property Office (OCPI): Administrative body managing oppositions, administrative invalidity actions, and non-use cancellation proceedings.
• People's Provincial Courts / Specialised Chambers (Tribunales Populares): Hear judicial infringement claims, civil damages, and enforcement proceedings.
• Well-Known Marks: Protected under Article 6bis of the Paris Convention and Decree-Law No. 203.
• Customs Protection: Brand owners can coordinate with the General Customs of the Republic of Cuba (Aduana General de la República) to detain suspected counterfeit imports at ports of entry.

Country-Specific Risks & Practical Notes

• Simplified Documentation: Unlike many Latin American jurisdictions requiring full notarization and Apostille, Cuba permits national application representation under a simply signed Power of Attorney.
• Spanish Translation Requirement: Applications and supporting materials must be submitted in Spanish at the time of filing; late submission of Spanish translations for basic filing documents is not allowed.
• Term Calculation Standard: The 10-year validity term is calculated directly from the application date, rather than the registration grant date.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.