- What signs are considered as registrable trademarks?

Names, letters, numbers, a specific shade of color or a combination of colors, a three - dimensional signs, and any other sign or combination of signs serving to distinguish the goods and/or services of one undertaking are considered as registrable trademark.

Marks must be capable of graphic representation.

Under the current law it is considered that sound and smell marks may be registered. However due to the difficult in assessing registrability these types of marks will be subject to ministerial provisions.

- What is the maximum number of classes allowed per application?

Cuba is a member of the Nice Agreement. Multiclass applications are accepted. It is allowed to include all classes in one application. The basic fee covers three (3) classes, the fourth (4) and the following ones require the payment of additional fees.

- Who must use a local attorney / agent?

A mark may be applied by an individual or legal entity, or by a group of these who must have a full juridical capacity. An agent need to be appointed by non residents for filing an application and for any subsequent action.

- Is late-filing of Paris Convention priority documents allowed?

The priority documents and its Spanish translation must be filed within three (3) months counted from the application date. However the details of the priority must be given at the time of filing.

- What are the quantity, quality, size and other specifications for trademark prints?

The attorney / agent requires usually one representation of professional quality for B & W marks and 20 representations for color marks. Maximum sizes are 10cm * 10cm. It is not possible to file a description indicating the distintive elements of a design mark. A description for a three-dimensional mark is accepted. The applicant of a color mark must submit B & W prints of the mark which content a description of how the colors are distributed by using arrows on the design.

- Are cancellation proceeding based on non-use available?

- Is a Power of Attorney (POA) needed in order to act before the Office?

A Power of Attorney simply signed (legalization is not required) by the applicant / owner is needed to act before the Office. The POA must specify the name and capacity of the signatory/ies.

The POA may be general and so used for all dealings on behalf of a specific applicant. In this case, the general Power of Attorney will be numbered by the Office and will simplify the procedure for subsequent applications.

- Is a translation of any foreign document needed in order to file a valid application?

A translation into Spanish language is needed in order to file a valid application / request .