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Thanks for this great article
Thanks for your comment Edyth Stoltz, have a nice day.
- Rea Ashely, Staff Member
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
About the author
I've studied islam/ islamic studies at Union College in Schenectady and I am an expert in marxist sociology. I usually feel devious. My previous job was fine artist I held this position for 10 years, I love talking about video gaming and trainspotting. Huge fan of Rose Byrne I practice tennis and collect records.
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