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Camana Bay, Cayman Islands (KY)

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Grand Cayman, Cayman Islands (KY)

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Habana, Cuba (CU)

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Cuba (CU)

Nov 08, 2023 (Newsletter Issue 9/23)
OCPI to Become Depositing and Accessing Office of the WIPO Digital Access Service
The Cuban Industrial Property Office (OCPI) notified the International Bureau in accordance with paragraphs 10 and 12 of the Framework Provisions that it would commence operation as a depositing and accessing office of the WIPO Digital Access Service with effect from January 1, 2024.

For more details click here.


Apr 04, 2019
Notification under new Rule 40(6) of the Common Regulations
Cuba has notified WIPO in accordance with new Rule 40(6) of the Common Regulations, which entered into force on February 1, 2019.

According to the said notification, new Rule 27ter(2)(a) of the Common Regulations is not compatible with the law of Cuba and does not apply in respect of Cuba. As a result, the Office of Cuba will not present to the International Bureau of WIPO requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).

For further information, please click here


Sep 02, 2012 (Newsletter Issue 13/12)
New Industrial Property Law
Law No. 290/2012 has been enforced in Cuba on April 1, 2012. The law is e.g. covering Patents, introducing Utility Models, changing the definition of industrial models/designs.

A brief summary of the changes introduced by the new law are:

- It is now possible to seek protection for utility models.
- Patent applications will be published in order to enable third parties to file oppositions.
- Patents can only refer to products and to processes.
- The definition of what is considered an invention has been changed.
- The subject matter excluded from patentability as well as what is considered a patentable microorganism have been defined in more detail.
- Patents will have the duration of 20 years counted as from filing date. This is also valid for patents that were still in force in January 2005. The Cuban Patent Office has already started issuing Patent Certificates containing the new duration for patents granted under the former law.
- Inventors' Certificates will be transformed into patents in those cases in which the subject matter allows it.

The new law also contains a clear difference of what can be protected as industrial model and what as a design, as well as a detailed description of proceedings, which include publication in order to allow third parties to file oppositions, examination, and payment of annuities.

Source: Moeller IP Advisors, Argentina

The legal basis is the Decree on Trademarks and other Distinctive Signs, issued December 24, 1999, and entered in force May 2, 2000 (Decree Law 203/2000).
Cuba is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, combinations of colours, the three-dimensional form of a good or its packaging, sound marks and olfactory marks and any combination of the mentioned signs. Single colours are not protectable as a trademark unless they are combined with a design (Art. 3.1).
The following trademark types are registrable: product marks, service marks (or both), collective marks and trade names.
The application is filed at the Cuban Industrial Property Office.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A signed power of attorney is sufficient, and only the electronic copy is needed – the original is not required for filing.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration is approx. 2 to 3 years.
Prior to registration, the trademark application is published approx. 8-12 months after the date of the application in the Industrial Property Bulletin.
The opposition period is 60 days from the publication date of the Industrial Property Bulletin.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from the date of application. The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication here
Practical details on trademark use requirements are available in our publication here
The official fee for filing a trademark application is USD 300 in up to 3 classes and USD 100 for each additional class. The publication fee is included in the payment for filing the trademarks application. The registration fee is USD 90.00 for all the classes.

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Practical details on trademark licensing are available in our publication here
Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:

     General Trademark Regulations
     Trademark Use Requirements
     Grace Period for Trademark Renewal
     Trademark Licensing

If you like to purchase all available information for this country, click the order button.
The total price is 49.00 EUR. A PDF-Download will be sent to you electronically.

SMD Group thanks the following law firms for their assictance in updating the information provided.

Mar 08, 2023
HSM IP Ltd., Grand Cayman, Cayman Islands  

Aug 12, 2022
Ogier, Camana Bay, Cayman Islands  


Sophie Peat

Sophie Peat
89 Nexus Way
KY1-9009 Camana Bay
Cayman Islands (KY)
Tel +1 345 949 9876
Fax +1 345 949 9877

Ogier is a law firm that gets straight to the point, managing complexity to get to the essentials. It is a collaborative approach. Our global network of offices covers every time zone.

Ogier’s IP team acts across the full spectrum of Intellectual Property rights, including brands and trade marks, copyright, industrial designs and patents, specialising in multi-jurisdictional IP clearance, prosecution, exploitation and enforcement.

Partner Sophie Peat spearheads Ogier’s global Intellectual Property (IP) group bringing over a decade of top tier international experience to her practice, which encompasses the clearance, prosecution, exploitation and enforcement of the full suite of IP rights, including brands and trade marks, copyright, industrial designs and patents, throughout the world. Sophie is widely recognised as a seasoned expert in IP protection across the Caribbean and in offshore financial centres, carefully guiding clients through this diverse and sometimes difficult to navigate terrain with her in-depth knowledge. Clients appreciate her proactive, comprehensive, and resolute approach.

Ogier is a member of the International Trademark Association (INTA) and MARQUES.


68 Fort Street, George Town
KY1-1207 Grand Cayman
Cayman Islands (KY)
Tel +1 345 949 4766
Fax +1 345 946 8825

HSM IP Ltd. provides worldwide intellectual property services. Based in the Cayman Islands and independently owned and operated, our experienced team of attorneys and paralegals deliver first class service to a broad client base which includes major Fortune Global 500 brand owners, international law firms and other specialist IP practices. Our broad perspective, practical approach and international experience allow us to offer clients a unique insight into IP issues internationally. The success and growth of our firm is due to our keen understanding of our clients’ needs for a comprehenisve “one-stop shop” which encompasses a wide range of services from the initial consultation process to searches, registrations, annuity payments and monitoring and renewals. We offer a competitive schedule of fixed fees, inclusive of both disbursements and official fees, which means we can provide clients with an accurate estimate of their project costs before embarking on a global filing programme for their portfolio. We have a wealth of knowledge and specialise in the Caribbean, Central and Latin America and other off shore jurisdictions. Our staff regularly contribute to leading IP publications and we also publish a range of country-specific IP Client Guides which are available on our website.

Claim S.A.

Dailyn Ferrer Izquierdo

Dailyn Ferrer Izquierdo
Lamparilla No. 2, Lonja del Comercio, Oficina G, Habana Vieja
Cuba (CU)
Tel + 53 780 12755
Fax + 53 780 11746

We are a specialized consultancy in Intellectual Property whose aim is the representation and advice to third parties on issues related to the acquisition, maintenance, counseling, protection and defense of their rights in industrial property, copyright and sanitary registries.

Meet the need of legal or natural persons which are nationals or foreign, related to consulting, acquisition, maintenance and protection of intellectual property rights in Cuba and abroad.

To be a world-class organization, particularly in the US market, by strengthening the competitive position obtained by the quality and speed of response to our clients.
We have a multidisciplinary team of highly competent and qualified specialists, from different technical fields with emphasis in the areas of Biotechnology and Pharmacy, among others, and lawyers specialized in IP, who offer the best technical and legal expertise related to all matters concerning the protection of Intellectual Property.

Our Services
We offer between our major services the representation, searching, registration requests, renewal and recordals, licensing, of all the modalities related with Intellectual Property.

Major Modalities
- Trademarks
- Inventions
- Industrial Models
- Utility Models
- Copyright

Oficina Cubana de la Propriedad Industrial (OCPI)
Calle Picota No. 15 e/ Luz y Acosta
Habana Vieja
Apartado 2180 Habana 2
CP 10200, Ciudad de La Habana
Tel +537 862 4379; +537 862 4395
Fax +537 866 5610

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8