Today's blog post describes the main provisions of TM regulation in Cuba that business owners need to consider in order to carry out their activities in this jurisdiction. You will also learn some of the key points of registering a brand in Cuba, as well as the specifics of domain disputes on the island.
The main legislative document in Cuba in the field of TM is the Decree on Trademarks. The island is also a signatory to and adheres to the terms of the main international conventions on intellectual property protection.
The regulatory body in the field of TMs is the local IP office, which also accepts applications for TM registration in Cuba.
TM registration procedure
To apply for brand registration in Cuba, you must provide:
- a statement drawn up in the form and signed by the local solicitor;
- presentation of the mark;
- categories of goods and services for which the TM will be used.
After receiving the Cuban TM certificate, its owner immediately receives the exclusive right to utilize this TM in trade.
Grounds why your application to register TM in Cuba may be rejected:
- TM lacks distinctive characteristics;
- TM uses a general term that can be attributed to scientific or technical names;
- TM depicts the function or qualifies the product;
- TM consists exclusively of color;
- TM contains a flag, coat of arms, name or other state indicators;
- TM includes an unethical component;
- TM is detrimental to public order;
- TM violates the rights of someone else's industrial property;
- and some other reasons.
Domain name protection in Cuba
At the moment, there is no specific legislation that would regulate the use of TM on the Internet, and the general Trademark Law also applies in this area.
The use of a trademark in the domain of an extraneous web resource remains the main reason for claims by copyright owners against infringers. A natural or legal person, an individual entrepreneur can become the defendant.
The practice of settling domain disputes in Cuba makes it possible to distinguish three main categories of claims. The first is about the use of a trademark name or part of it in a domain name. Such a technique misleads consumers and damages the reputation of a well-known brand. The use of a logo or TM that is confusingly similar to the original is often used by sellers of counterfeit goods.
The second group of claims is related to the lack of legitimate interests of the administrator of the infringing site. This scenario is realized in the activities of backorder companies – the buyout of the rights to manage valuable domains for subsequent resale.
The third reason for the claims of TM owners against domain administrators in Cuba is the unfair use of web names. Cybersquatting remains the most common type of this activity. Attackers register a website whose name is consonant with a well-known brand. The goal of domain administrators is to sell goods or services with minimal advertising costs.
If you are faced with a violation of TM rights in Cuba, you must act immediately in order to restore legal rights as soon as possible and bring the violators to justice.
In order to correctly and quickly register a trademark in Cuba, we suggest that you sign up for a specialized consultation at IQ Decision UK. Our experts will answer all your questions and provide a full range of necessary services for your business. Resolving a TM dispute in Cuba or qualitatively preparing for a domain name dispute resolution in Cuba is also included in the list of core legal services of our company. Our expertise, both in claims work and in international law in general, allows our team to strategically approach the solution of such problems and provide truly specialized legal assistance.
Reach out to us by using contacts on the website.