Trademark Registration in Cuba

Overview

Cuba operates under a first-to-file trademark system. Registration is required to establish rights. The approximate time from application to registration is 12 to 18 months without opposition.

Applications are filed with OCPI (Oficina Cubana de la Propiedad Industrial). Despite Cuba's unique economic environment, trademark protection remains important for international brands, particularly in the tourism, rum, tobacco, and pharmaceutical sectors. Cuba is a member of the Paris Convention and the Madrid Protocol.

Key Facts at a Glance

Advantages of Trademark Registration

• Provides prima facie evidence of ownership
• Provides national protection across Cuba
• Allows use of ® to demonstrate ownership
• Enables enforcement through Cuban courts
• Deters unauthorized use
• Provides protection in the growing tourism and hospitality sector
• Enables licensing arrangements
• Important for protecting brands in the rum and tobacco industries

Registrable Trademark Types

• Words and names
• Devices, logos, and symbols
• Three-dimensional shapes — Requires graphical representation
• Color combinations — Must be distinctive
• Slogans — Registrable as trademarks
• Collective marks and certification marks

Madrid Protocol

Cuba is a member of the Madrid Protocol, allowing international trademark applications through WIPO designating Cuba. This can simplify the filing process for international brand owners.

Key Industries

Cuba's growing tourism sector, world-renowned rum and tobacco industries, and expanding pharmaceutical sector make trademark registration particularly important for companies operating in these areas. As Cuba's economy continues to evolve, early trademark registration can protect against potential squatters and unauthorized use.

Application Requirements

• Full name and address of the applicant
• Clear representation of the trademark
• List of goods or services with NICE class number
• Power of attorney (requirements vary)
• Priority document if claiming convention priority

The Registration Process

• Filing: Application submitted to OCPI (Oficina Cubana de la Propiedad Industrial) or via Madrid Protocol
• Formal Examination: OCPI reviews completeness and formal requirements
• Substantive Examination: Examination for distinctiveness, conflicts, and registrability
• Publication: Mark published for opposition
• Opposition Period: Third parties may file opposition during the prescribed period
• Registration: Certificate issued; valid for 10 years from filing date

Post-Registration

Registrations are valid for 10 years from the filing date and renewable. Use requirements and non-use cancellation provisions apply under Cuban IP law. Renewal should be filed before expiration to maintain protection.

Why Choose Proxario for Cuba Trademarks

Cuba's unique economic landscape and growing tourism sector make early trademark registration essential. Proxario has experience navigating the OCPI filing process and offers flat-fee pricing for Cuban trademark registrations.