Searches
Trademark availability searches are made according to the international nomenclature of the Nice Agreement; such search applications may target one class or multiclass trademarks. Device marks can also be searched. The approximate time frame to receive results is within 15 days.
Application
Trademark filing applications require a Power of Attorney without formalities. The application number is assigned at filing. At filing the application is not necessary to specify actual use or intent to use. Priority can be claimed.
The criteria applied by the Examiner at the moment of examining the applications may be for relative or absolute causes. Likewise the application can be refused on the basis of a non-registered famous marks owned by third parties.
The procedure available to respond to a refusal is an appeal that must be interposed before the Director of such Trademark Office. In case of being negative decision, the applicant may appeal to the Provincial Court of La Habana.
The applications are published once they have been examined in form and substance. Then the application can be subject of an opposition, which can be filed within 60 days as of the publication date of the mark. It takes approximately from 8 to 10 months from publication to issuance.
Registration
Granted the registration there are maintenance fees due to keep the registration alive that should be paid at the time of six months before expiration or six months after, in grace period. The first renewal due is 10 years on the anniversary date of the application.
Cancellation
After 3 consecutive years from the last use, the registration can be cancelled for non-use. This action of cancellation can be interposed by a third party or ex officio.
Nullity
Likewise, a registration can be subject of a nullity action, raised by a third party or ex officio, on the grounds of invalidity. The nullity proceedings at the request of part begin with the filing at the Office of a reasoned submission, which explicitly define the causes of the nullity request and relevant tests are proposed. This action is interposed before the Trademark Office, in the same manner the appeal is interposed before such office earlier than the Court of Law. The time frame to obtain a decision is not specified in the Law. The law applicable is the Decree Law 203 of Cuba.
Assignments and renewals
In order to record an assignment, it is required the Trademark assignment document, registration number and other details of the mark. In the case of renewals of trademark registrations, it is required a Power of Attorney and other data of the mark; in both cases the time frame varies to obtain such certificates.
