Application for registration

Names, designs, numbers, letters, form of products or of packaging, shade of colors and any other sign or combination of signs serving to distinguish the goods and/or services of business shall be considered as a trademark. A sound/audible or smell mark, a geographical name which may create confusion as to the place of origin of the goods/services are not registrable as a trademark.

Trademark protection is available through application/registration. Use does not grant the right to exclusive use. It does not grant a preferential right to register either.

Priority must be claimed when filing the application and it is necessary to specify the date, application number and country where the original application was filed at the moment of filing. The certify copy of the application may be filed within three months after filing and it should be translated into Spanish language.

The International Classification according to Nice Agreement is used. Multiclass system is available. It is requested the translation into Spanish language of trademark with a meaning in a foreign language. A disclaimer can be filed for generic or descriptive legends in a trademark label.

A registration can be obtained for class heading or a general wording; however an additional specific wording of the goods and/or services to be covered is strongly advisable. Description of the goods/services in the way of "All goods/services in class..." is not accepted.

It is not required that the applicant indicates if the trademark is in use of it is an "intent to use" application.

The documents and information needed for filing an application are the following:

- App licants' name.
- Applicants' address.
- Mark
- International Class of Goods & Services.
- Colours claimed.
- Description of goods & services.
- Priority details
- Certified priority document and its Spanish translation.
- POA.

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.

Examination

The Office carries out at its own initiative a formal examination. After formal examination the application is published for a 60 day opposition period. Opponents become parties of the registration process. Then the Office carries out at its own initiative an examination on absolute and relative grounds, taking into account the oppositions filed, if any. During examination Official Actions might be issued by the Office. A conclusive report of examination with the Office's preliminary decision is issued and notified to the applicant and the opponent, if any.

A trademark can not be modified during examination but a disclaimer is accepted. Letters of Consent are accepted provided the trademarks involved are not identical. For some goods like pharmaceuticals the rules to accept letter of consent are stricter in order to avoid the public being misled.

The approximate time from the application to registration is between 18-24 months provided no objection or oppositions were made during the examination.

Use after registration

Use of a registered trademark is required to maintain the rights to the mark and specially to prevent the trademark from being vulnerable to a cancellation action. After registration date the trademark use must take place within a period of three years. The use can not be interrupted for a period longer than three years. The trademark advertising constitute valid use provided that an actual and effective use of the trademark in the market is performed within a term of two months counted from the beginning of the advertisement campaign.

If the trademark has not met the use requirements any subsequent use will restore rights if a cancellation action has not been initiated before the mark is reused.

Cancellation actions and appeals

Cancellation proceedings can be initiated by any interested party before the Office against a mark that has been registered contrary to the grounds specified in the law that would render a mark unregistrable (absolute grounds), based on prior rights (relative grounds), against a bad faith registration, and due to non-use.

The conclusive report of examination with the Office's preliminary decision may be appealed before the Office by the applicant or the opponent, if any, in a term of 30 days counted from the notification date. Office's final decisions may be appealed before the Havana Provincial Court in a term of 30 days counted from the notification date.