Objective: Explain the essential aspects related to the filing of applications for the registration of Trademarks and Other Distinctive Signs before the Cuban Office of Industrial Property (OCPI)
DISTINCTIVE SIGNS
CUBA DECREE-LAW No. 203 of 2000 ON TRADEMARKS AND OTHER DISTINCTIVE SIGNS
- Article 2. In this Decree-Law, the following is understood as: trademark: any sign or combination of signs that serves to distinguish products or services from their similar ones in the market; commercial name: a word sign that identifies the different natural and legal persons, in the exercise of their economic activity; business emblem: any visible, figurative or mixed sign that identifies the different natural or legal persons, in the exercise of their economic activity; establishment sign : any visible sign that identifies a specific establishment or premises; commercial motto:any legend or combination of words intended to draw the attention of the public to certain products or services in order to popularize them; distinctive sign: any sign that constitutes a brand, a trade name, a business emblem, an establishment sign or a commercial slogan.
Natural people
By herself
Official IP Agent
Foreign (not domiciled or established Mient o)
Official Agent (Legal Consultancies, International Law Firm)
Legal persons
National entities
Foreign entities
They can attend the Office
- Through a legal representative (Director, Rector, Ministers, Heads of Unit) Through a designated representative Through an Official Industrial Property Agent
Articles 8.4 and 9 of Decree Law 203 on Trademarks and Other Distinctive Signs
- Real and effective industrial or commercial establishment: one that has a natural or legal person for the exercise of an industrial and commercial activity, authorized by virtue of the current legal provisions. Official Agent of Industrial Property: Natural person who, complying with the requirements of current legislation, has the functions of providing services to assist or represent natural and legal persons for the registration of the different modalities of industrial property and the defense of right s derivatives thereof, within the content of the mandate conferred.
How the representation of the applicant is accredited
- Official Agent: By means of a power of attorney signed by the applicant, which expresses the content of the mandate conferred. It can refer to several numbered requests. It can refer to a single power of attorney related to all the registration requests.
Representation documents are registered in a register intended for this purpose, whose registration Nos. Can be invoked in the corresponding procedures without the need to submit copies.
How the representation of the Legal Person applicant is accredited:
- By his legal representative, through the document that establishes or certifies the condition of said person, by a representative designated through the Resolution or other legal provision that names him, issued by the legal representative or by the highest management body.
Articles 2, 3, 4 and 5. Resolution number 659/2002
Regulation of Official Agents and Representatives of Industrial Property, of the Director General of the OCPI, of March 20, 2002.
Natural persons can be represented by an Official Industrial Property Agent. Legal persons can be represented:
- By whoever holds their legal representation; By a designated representative; By an Official Agent.
Natural and legal persons foreign, who do not have domicile or actual commercial establishment in Cuba, are required to be represented by an official agent for performing which q uier legal act before the Office.
Articles 2, 3, 4 and 5. Resolution number 659/2002, Regulation of Official Agents and Representatives of Industrial Property, of the Director General of the OCPI, of March 20, 2002.
Official Agent is considered to be an official accredited by the Office who meets the requirements established in the Regulations and who is empowered to represent natural and legal persons before the Cuban Office of Industrial Property and before the homologous authorities in the different countries, in Matters relating to the registration of the different forms of industrial property and the defense of the rights that emanate from it, within the content of the mandate conferred by the power granted for that purpose.
Representation of multiple people
Resolution No. 659/2002 of the Director General of the OCPI
Articles 32 to 53
- When two or more natural persons jointly attend the Office, they must be represented:
For one of them, by means of a signed agreement, By an Official Agent.
- When two or more joint legal persons concur, they must be represented:
By the legal representative of one of them, through a signed agreement or Joint Resolution,
By a designated representative, through a signed agreement or
Joint Resolution, By an Official Agent, appointed by the parties
Continuation of multi-person representation
- When one or more natural persons and one or more joint legal persons attend, they must be represented:
By the natural person or by one of them, in case of being several, by means of a signed agreement, By the legal representative of one of the legal entities, through a signed agreement or joint Resolution, By a designated representative, through a signed agreement or
Joint Resolution, By an Official Agent, appointed by the parties.
- When one person is a foreigner who does not have residence or industrial establishment and commercial r eal e fectivo in Cuba, the only representation may ejercerl to an official.
Requirements to hold the status of Official Agent of Industrial Property. Resolution 659/2002
Requirements to hold the status of Official Industrial Property Agent, Article 6 section 1
Requirements for the representation of legal persons, article 22 section 1:
Natural persons, Cuban citizens, permanent residents in the national territory.
Have employment or service provision relationship with the represented legal entity.
Ø - Possess a valid university degree in law, or other specialty branch of science or technology related to the acti vi ty of Industrial Property.
Requirements for representation
Resolution No. 659/2002 of the Director
OCPI General
Have experience in the exercise of activities related to Industrial Property.
They do not have a criminal record or are subject to any criminal process.
Ø - They have good moral, political, labor and social conduct.
Annual call.
PROVINCIAL SECTIONS AND JOBS
Resolution 281/2009 of the General Director of the OCPI Procedure for the procedures regarding Industrial Property of nationals through the Provincial Sections.
Ø Functions of the Provincial Sections:
Complete the presentation of documents related to any procedure before the OCPI and send them within the established terms.
Act as intermediaries in the messages sent by the OCPI.
Facilitate forms and other documents models were to be used in the proceedings before the CIPO.
Process IP information services with the OCPI based on the requests that are submitted.
Provide advisory services on Industrial Property to users who request it.
Contribute to the development of technological innovation, the territorial and national economy, commercial activity, legal relations and the use of information, based on the correct use of IP rights and the design of adequate strategies for research, development, marketing and legal protection of the s results of creative activity, containing the necessary elements of Industrial Property.
Participate representing the CIPO in inspec ci ones concerning IP, fairs, exhibitions from regulations established.
Trademark Registration Application
Documents that make up the application Article 4 D / L 203
Instance signed by the applicant or his representative (it is prepared in the formats established by the Office, article 1 of the Regulation of D / L 203)
A reproduction of the trademark if it is a word and is composed entirely of letters in the Latin alphabet, by figures in Arabic or Roman numerals or by both, and twenty reproductions of the trademark, regardless of figurative, mixed, three-dimensional or word, made up of letters in a alphabet other than Latin, by numbers in numbers other than Arabic or Roman, or both.
The document that proves the claim of the right of priority
The document that certifies the presentation of the products or services covered by the brand in an officially recognized exhibition
The document that accredits the representation of the applicant
- The filing of the application for registration of m ark is subject to payment of a fee
Minimum submission requirements Article 5 D / L 203 of 2000 and 12 to 15 of the Regulations
The Office at the time a registration request is submitted, records the date, hour and minute in which said act takes place.
An indication, express or implicit, that the registration of a trademark is requested;
The indications that allow to identify and locate the applicant;
The list of products and services for which registration is requested;
A sufficiently clear reproduction of the mark; and
Payment of the application representation fee
Minimum submission requirements Article 5 D / L 203 of 2000 and 12 to 15 of the Regulations
If the application omits any of these elements, its filing date will not be valid and the Office will notify the applicant to correct the omission. In the meantime, the application will be deemed not submitted until the omissions are remedied, at which time the Office will record as the filing date the date on which the indicated requirements are met.
PROCESSING
- Classification of Products and Services, of mandatory use for the presentation and examination of trademark applications (article 10 D / L 203) subject to the payment of a fee
RECEIVED ALL DOCUMENTS
Search for interference, optional, at the request of a party, upon payment of a fee (article 117 of D / L 203 and 91 of its Regulations)
- Formal examination (Official Requirements) Publication in the Official Gazette of the PI. The registration request (180 days from the filing date or the priority date Invoking the term expires first) observations or opposition (60 days pair your of the date of circulation of the Official Gazette of the IP.) Substantive examination (must conclude before the year, counted from the date of presentation of the application). It will include the examination of the absolute and relative prohibitions, and of the documents presented as observations or oppositions Conclusive Examination Report: Preliminary statement on the granting or denial of registration Appeal (in case of denial or partial granting) Final resolution Establishment of claim in Administrative Process before the Civil and Administrative Chamber of the People's Provincial Court of Havana City (in case of disagreement)
- WEB PAGE
Trademark registration procedure
PAYMENT OF ESTABLISHED FEES
Ø Articles 122 and 123 of Decree Law 203 and 44 of its Regulations. Resolution No. 164/2012 of the Ministry of Science, Technology and Environment
The payment of the fees for the procedures that are regulated in the current Law (Decree-Law 203 of Trademarks and Other Distinctive Signs and its Regulations) is an essential requirement for compliance with these.
Applicants or record holders must pay the fees corresponding to the procedures established in the current Law, its Regulations and other legal provisions that may be established.
Payment of a fee in respect of any application filed with the Office no condition to, in any case, the decision of the Bureau regarding the contents of the request.
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