APPLICATION FOR REGISTRATION

Names, designs, numbers, letters, form of products or of packaging, shade of colors and any other sign or combination of signs serving to distinguish the goods and/or services of business shall be considered as a trademark.

Cuba is member of the Paris Convention, therefore all other members of the Paris Union may benefit from the application of the article 4 (Right of Priority) in Cuba. Paris Convention priority and its details must be claimed at the time of filing. Priority documents and its translation into Spanish can be filed in a term of three (3) months counted from the application date.

Cuba is member of the Nice Agreement. Multiclass applications are accepted. The basic fee covers three (3) classes, the fourth (4) and the following ones require the payment of additional fee. A mark may be applied by an individual or legal entity, or by a group of these who must have a full juridical capacity.

A registration can be obtained for class heading or a general wording, however an additional specific wording of the goods and/or services to be covered is strongly advisable. Description of the goods/services in the way of “All goods/services in class...” is not accepted. If a mark has a meaning in a foreign language a translation into Spanish is requested. A registration in color is limited to the color(s) claimed. A registration in black and white would give rights to the mark in any color.

The office conducts a formal examination to check if the requirements for filing an application have been fulfilled. The publication of application for opposition takes place in a term of 180 days counted from the application date. After opposition period (60 days) the mark is examined by the Office.

The Office may reject a trademark application on its own initiative. Examination is conducted on relative and absolute grounds of refusal. Against Office decision an appeal may be submitted before the Office.

The Certificate of Registration is normally issued about 18 months of the filing the application. The last step is the publication of the registered mark in the Official Gazette.

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