Prosecution Of A Trademark Application In Cuba
FILING
FORMAL EXAMINATION
PUBLICATION
OPPOSITION PERIOD
SUBSTANTIVE EXAMINATION
GRANTING
REGISTRATION FEES
CERTIFICATE OF REGISTRATION
FILING
The filing date of a Cuban trademark is the one assigned when filing the application.
If priority is claimed, the filing date will remain the same, but the priority date will be the one claimed.
FORMAL EXAMINATION
Within 5 to 6 months from the filing date
The Cuban Trademark Office will determine if the application meets the formal requirements and if it does, the trademark will be published in the Official Bulletin.
PUBLICATION
Within 180 days from the filing date
When the Cuban Trademark Office deems the application meets the formal requirements, the application will be published in the Official Bulletin for opposition purposes. This publication will happen 180 days after the filing date.
OPPOSITION PERIOD
Publication + 60 days
The opposition period starts as soon as the trademark is published and the period for a third party to file an opposition ends 60 working days after publication.
If no opposition was filed and the 60-day opposition period has ended, the trademark will undergo a substantive examination.
SUBSTANTIVE EXAMINATION
Within 12 months after the filing date
During this phase, the Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
GRANTING
Approximately 18 months counted from the filing date
If no obstacles are found, the Cuban Trademark Office will proceed to grant the trademark.
The mark will be protected for a period of 10 years, counting from the granting date.
REGISTRATION FEES
30 days counted from the day of the granting resolution
After the Cuban Trademark Office issues their decision to grant the application, the applicant has 30 days to pay the official fees for the expedition of the title.
If the fees are not paid, the application will be declared abandoned.
CERTIFICATE OF REGISTRATION
6 to 8 months counted from the granting resolution.
Once the registration fees have been paid, a paper registration certificate is issued.
Useful Information
According to the applicable law, a trademark has a period of 3 consecutive years after its registration in which it cannot be cancelled. After that, any third party can apply for a cancelation action due to non-use.
It is relevant to also note that, even though the use of the mark can theoretically be evaluated ex officio by the CIPO, the main concern for a cancelation of a trademark is if an action is filed against the mark.
Also, the owner does not have to file periodically any prove of use.