Assignment/Merger

An assignment/merger can be recorded for a paten/trademark registration or application. Partial assignments are accepted for trademarks provided a divisional application/registration is requested before the recording. Assignments limited to part of the countries are not accepted. It is not required that the assignment deed includes the transfer of the related business y/o goodwill.

The assignment deed is subject to an examination by the Office, which requires the applicant to fulfil the requirements in case of any omission or irregularity. It is not subject to any approval by public authorities either.

There is not time limit for recording an assignment/merger after the assignment/merger has occurred. However, the recordal is important to be able to enforce a trademark/patent application/registration, to prevent the trademark from being cited by the Office against a new application for a similar mark filed by the assignee and to be able to show evidences of use on behalf of the assignee in a cancellation action for non-use.

The documents and information needed for recording an assignment/merger are the following:

- Assignor's name.
- Assignor's address.
- Assignee's name
- Assignee's address
- Registration/Application number.
- Mark/Title of the invention.
- POA signed by a representative person of the assignee's company.
- Original assignment deed / merger agreement or certified copy   thereof. A simplified assignment deed or declaration signed by both   parties is accepted.

The assignment deed should be translated into Spanish. It does not require any kind of legalization for trademark cases. In patent cases the documents should be legalized up to the nearest Cuban Consulate.

The POA does not required legalization; it must be simply signed by a representative person of the applicant company. The original POA may be filed latter provided a surcharge is paid.

Change of Name

A change of name can be recorded for a trademark registration or application.

There is not time limit for recording a change of name after the change has taken place. However, the recordal is important to be able to enforce a trademark/patent application/registration, to prevent the trademark from being cited by the Office against a new application for a similar mark filed by the same owner and to be able to show evidences of use on behalf of the new owner in a cancellation action for non-use.

The documents and information needed for recording a change of name are the following:

- Current applicant's/owner's name.
- Current applicant's/owner's address.
- New applicant's/owner's name.
- Registration/Application number.
- Mark/Title of the invention
- POA signed by a representative person of the new applicant/owner.
- Original extracts from the Commercial Registry / Official Journal or   certified copy thereof. In trademark cases a simple declaration of the   agent is sufficient.

The documents should be translated into Spanish. In patent cases the documents should be legalized up to the nearest Cuban Consulate.

The POA does not required legalization; it must be simply signed by a representative person of the applicant company. The original POA may be filed latter provided a surcharge is paid.

Change of Address

A change of address can be recorded for a trademark registration or application.

There is not time limit for recording a change of address after the change has taken place. However, the recordal is important to be able to enforce a trademark/patent application/registration, to prevent the trademark from being cited by the Office against a new application for a similar mark filed by the same owner but with different address and to be able to show evidences of use on behalf of the owner with the new address in a cancellation action for non-use.

The documents and information needed for recording a change of address are the following:

- Applicant's/owner's name.
- Current applicant's/owner's address.
- New applicant's/owner's address.
- Registration/Application number.
- Mark/Title of the invention.
- POA signed by a representative person of the new applicant/owner   with the new address.
- Original extracts from the Commercial Registry / Official Journal or   certified copy thereof. In trademark cases a simple declaration of the   agent is sufficient.

The documents should be translated into Spanish. In patent cases the documents should be legalized up to the nearest Cuban Consulate.

The POA does not required legalization; it must be simply signed by a representative person of the applicant company. The original POA may be filed latter provided a surcharge is paid.

Licenses

A license can be exclusive or non-exclusive, sub-licences are also allowed. A license can be recorded for a patent/trademark registration or application. A license for only part of the registered goods and/or services or only part of the scope of the patent protection or limited to part of the country's territory can be recorded.

License agreements which could be detrimental to national economy can not be recorded. The license agreement is not subject to any approval by public authorities.

There is not time limit for recording a license after its effective conclusion. However, the recordal is important for a licensee to be a party in any proceedings against third parties, for a licensee to institute proceedings, with the licensor's consent, solely against third parties and to be able to show evidences of use on behalf of the licensee in a cancellation action for non-use, use by a non registered user does not benefit the owner.

The documents and information needed for recording a license are the following:

- Licensor's name.
- Licensor's address.
- Licensee's name
- Licensee's address
- Registration/Application number.
- Mark/Title of the invention
- Description of goods & services involved (in case of partial license)
- POA (in case the representative person is not the agent of record)
- Original or certified copy of the license agreement.

The license agreement should be translated into Spanish. It does not require any kind of legalization for trademark cases. In patent cases the document should be legalized up to the nearest Cuban Consulate.

The POA does not required legalization; it must be simply signed by a representative person of the applicant company. The original POA may be filed latter provided a surcharge is paid.