Cuba's current trademark law is Decree No.68 on inventions, scientific discoveries, industrial designs, trademarks and names of origin, which came into effect on May 4, 1983. The industrial property law promulgated on April 4, 1936 by/kloc-0 and its related implementation rules were abolished at the same time. Regulation1September 9, 983 * 1046 (based on the modification of Regulation1June 983 *999). Cuba's trademark registration right is based on the principle of prior registration, and it accepts applications for registration of commodity trademarks, service trademarks, series trademarks, joint trademarks and collective trademarks. Trademark registration adopts the classification of Nice Agreement on Classification of Goods and Services. Cuba is a member of the Paris Convention for the Protection of Industrial Property, the Madrid Agreement on the Registration of Trademarks, the Madrid Protocol on the Registration of Trademarks, the Nice Agreement on the Classification of Goods and Services Registered with Trademarks, the Pan-American Treaty of Mutual Assistance, the Lisbon Agreement on the Protection of Names of Origin and Their Registration and the World Intellectual Property Organization.
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Cuban trademark registration follows the principle of first announcement and then substantive examination. After receiving the trademark application documents, the Trademark Office will conduct a formal examination of the trademark application, issue a notice of acceptance to the qualified application, and notify the unqualified application to make corrections within a time limit. After the trademark application has passed the formal examination, the trademark information will be published in the official documents for the third party to raise objections. Any third party can raise an objection within the two-month announcement period.
If the third party has no objection or the objection is untenable, the trademark examination will enter the substantive examination stage. In the substantive examination stage, the examiner will examine the registrability of the trademark. The applicant shall give a reply to the notice of opinions issued by the examiner within 60 days, otherwise the application will be deemed to be abandoned. If you are dissatisfied with the examiner's ruling, the applicant may bring a lawsuit to the Havana People's Civil Administrative Court within 30 days from the date of notification of the ruling. If you still refuse to accept the ruling, you can appeal to the Cuban High Court within 5 days from the date of notification of the court ruling. Trademark registration is valid for 10 years from the date of application, and the renewal period is also 10 years. The trademark owner may apply for renewal six months before the expiration of the trademark validity period, and the renewal period is six months.