Trademark registration in cuba [Expert Guide]

Last updated : Sept 17, 2022
Written by : Rea Ashely
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Trademark registration in cuba

Does Cuba have patents?

A patent can be registered in Cuba pursuant to Legal Decree 290 of April 1, 2012, which law provides for patent applications in that jurisdiction.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

When to renew trademark?

  1. Between the fifth and sixth years after the registration date.
  2. Between the ninth and 10th years after the registration date.
  3. Every 10 years after that (between the 19th and 20th years, 29th and 30th years, etc.)

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can I use my name as a trademark?

You can trademark your name if it has business or commercial value. Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO).

Can you lose a trademark?

You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.

Can I renew trademark myself?

Registered trademark holders or an agent authorized by such a holder to act on their behalf can file the renewal request. Individuals must take the help of professionals to file for renewal of a TM application to ensure the process occurs smoothly without any hiccups or delays.

Can a trademark expire?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

Does it cost money to renew a trademark?

Conclusion. The cost of renewing a federal trademark and associated “maintenance fees” for the first 10 years total about $600. This is $100 for Section 8 between the fifth and sixth year after registration, $400 for Section 9 and another $100 for Section 8 between the ninth and tenth year after registration.

What are some 5 examples of trademarks?

  • Under Armour®
  • Twitter®
  • It's finger lickin' good! ®
  • Just do it®
  • America runs on Dunkin'®

What is a good trademark?

A trademark must be a mark which includes a device, heading, brand, label, ticket, signature, word, letter, name, numeral, packaging or combination of colors or any combination of the above attributes. It should be easy to speak and spell. A good trademark is such that the public can easily spell and speak.

What is the main requirement for a trademark?

Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.

What names can you not trademark?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

Should I trademark my name or logo?

For this reason, you should apply for both trademark registrations if you have a business name and a logo you wish to protect. Wordmarks and design marks represent two very different aspects of your brand. Protecting just your name may not sufficiently protect your logo from being used by someone else.

Can two companies have the same trademark?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

What if someone is using my trademark?

If the person or entity receives your letter and continues to use your trademark, it's time to file a lawsuit. The suit will get filed in federal court if it spans more than one state. If the infringement is local, it may get filed in a state court.

What happens to a trademark if it is not being used?

The answer is “YES!” if the trademark has been abandoned for non-use or never been used in commerce or before a particular relevant date. Under U.S. trademark laws, a petition for cancellation of a trademark registration may be filed at any time by any person who believes that he is or will be damaged.

What are the advantages of registering a mark?

Registration provides nationwide priority over all others who might seek to adopt the registered mark. Registration significantly reduces the costs of enforcing trademark rights. Registration provides for enhanced protection against counterfeiters, cybersquatters, and importers of infringing product.

How long does it take to register a trademark?

Ans: Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

What are the documents required for trademark registration?

  • Copy of Logo (Optional)
  • Signed Form-48.
  • Udyog Aadhar Registration Certificate.
  • Incorporation Certificate or Partnership Deed.
  • Identity Proof of Signatory.
  • Address Proof of Signatory.

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Trademark registration in cuba

Comment by Edyth Stoltz

Thanks for this great article

Thanks for your comment Edyth Stoltz, have a nice day.
- Rea Ashely, Staff Member

Comment by sexytexan736

my name is Rachelle du Bois I'm a partner in the intellectual property practice group clients that are doing business internationally need to start thinking about Cuba they need to start thinking about opening up of the borders opening up of Commerce there how to protect their marks in Cuba it's the first to file country so that means the first party to file a mark or chain or registration has rights in that mark and there have been countless cases already in Cuba where trademark hijackers have gone ahead and filed applications for marks like Nordstrom's and Denny's and NASCAR that trademark hijacker now has those registrations in hand and can basically you know extort a pretty pretty penny from the rightful trademark owners if those rightful trademark owners want to try and wrestle those marks back trademark rights are jurisdictionally based and the laws in every country are different so if our client had an issue in Cuba where somebody had hijacked their mark you we'd obviously need to hire and consult with local counsel in Cuba in order to develop a strategy to get it back American companies haven't been able to sell any goods in Cuba for the last 50 plus years because of the embargo so the provision in the trademark law in Cuba which would allow you to argue look I don't have a registration in Cuba but my mark is well known in Cuba because I've been selling here that's not really available to American companies you know so the strategy would be to you know try to pull together as much evidence of international fame of the mark access Cubans might have had to advertisements of the of the products or services and do the best we could to pull together you know sort of a a well-known the mark was well known defense despite the lack of actual sales in the Cuban marketplace what some companies have done is they've just started a system where they obtain their registrations in Cuba and if the as the embargo has been ongoing when it comes time to consider the vulnerability of those registrations which happen after three years three years post registration just refiling new registry new registration applications every three years so that there's never really a lag in protection even if there's no ability to sell

Thanks sexytexan736 your participation is very much appreciated
- Rea Ashely

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