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Country trademark guide · Updated

Trademark registration in Cuba

To register a trademark in Cuba, file with the Cuban Industrial Property Office (OCPI) or designate Cuba through Madrid. Under Decree-Law No. 103, in force since 2026, you must use an official Cuban agent; one application can cover several classes, with one US-dollar fee for up to 3 classes; oppositions run 60 days from publication.

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Trademark registration in Cuba

Five questions first

Which route?File directly with OCPI through an official Cuban agent if you only need Cuba; designate Cuba through Madrid if you already have a home application or registration and want several countries.Details ↓What do I need?The applicant's name, address and email, the mark (with a Latin-letter transliteration of any non-Latin script), goods and services grouped by Nice class, and a power of attorney, with no notarisation or legalisation.Details ↓How are official fees charged?Foreign applicants pay in US dollars: USD 390 per application for up to 3 classes, plus USD 120 per class from the fourth; under the new law there is no separate registration fee on grant.Details ↓How long does it take?Statutory: publication within 180 days of filing, then a 60-day opposition period; substantive examination should end within 1 year of filing. OCPI publishes no average times.Details ↓What are the main risks?Without a Cuban agent you cannot file; missing the 60-day deadlines to complete the filing or to oppose; omitting the transliteration of a non-Latin mark; and cancellation after 3 consecutive years without use in Cuba.Details ↓
Key facts

Trademarks in Cuba: key facts

OfficeCuban Industrial Property Office (Oficina Cubana de la Propiedad Industrial, OCPI). Website and search links: IP Toolbox.
LawDecree-Law No. 103 on Trademarks and Trade Names and its Regulations (Decree No. 151), published in the Official Gazette on 9 June 2026 and in force 60 days after publication, replacing Decree-Law No. 203 and its implementing rules
RepresentationApplicants without a domicile or a real and effective business establishment in Cuba must act through an official Cuban industrial property agent (agente oficial) for any procedure
Madrid SystemParty to the Protocol since 26 December 1995; Cuba can be designated through Madrid, for offices of origin party to both the Madrid Agreement and the Protocol (e.g. China) at the CHF 100 complementary fee, otherwise with an individual fee paid in two parts
Several classes per applicationOne application can cover several classes, grouped by class under the latest edition of the Nice Classification; one official fee covers up to 3 classes
Language and legalisationDocuments in Spanish or with a Spanish translation; trademark procedures require no notarisation or consular legalisation (except for representation between natural persons)
Completing the filing (statutory)Missing documents within 60 days of the filing date; when claiming priority, the priority document within 90 days
Publication and opposition (statutory)Published in the Official Industrial Property Bulletin within 180 days of the filing or priority date; owners of affected earlier rights can oppose on relative grounds within 60 days of the bulletin's circulation date
Examination deadline (statutory)Substantive examination follows the opposition stage and should end within 1 year of the filing date
Term and renewal10 years from the filing date, renewable for 10 years at a time; renew within the 6 months before expiry, or in a 6-month grace period afterwards with a surcharge
Non-useAfter 3 consecutive years without actual use in Cuba following grant, OCPI can declare the registration lapsed on request or on its own initiative, also for only the goods not in use
Filing feeUSD 390 per application for up to 3 classes, USD 120 per class from the fourth; foreign companies pay in US dollars (Resolution 71/2026, in force 60 days after publication)

Checked on 2026-10-06; general information only — the office's published rules and fees prevail.

Which route

Direct filing or a Madrid designation

Both routes lead to protection in Cuba. They differ in prerequisites, how fees are paid and dependency risk. Whichever you choose, the mark must actually be used in Cuba after registration, or it can be cancelled after 3 years.

ItemDirect filing with OCPIMadrid designation of Cuba
PrerequisiteNoneA basic application or registration at your office of origin
AgentAn official Cuban industrial property agent from filing onwardsNot needed to file through WIPO; needed to answer a provisional refusal before OCPI or for any other procedure there
Official feesPaid to OCPI in US dollars: USD 390 per application for up to 3 classes, USD 120 per class from the fourthBasic fee paid to the World Intellectual Property Organization (WIPO), plus: if your office of origin is party to both the Madrid Agreement and the Protocol (e.g. China), only the CHF 100 complementary fee for Cuba (and a supplementary fee for more than 3 classes), as Article 9sexies of the Protocol excludes the individual fee; from other offices of origin, the Cuban individual fee (paid in two parts, the second when Cuba grants protection, in Swiss francs). See the WIPO fee calculator
ClassesOne application can cover several classesOne international registration can cover several classes
Examination and refusal deadlinesPublication within 180 days of filing; substantive examination should end within 1 year (statutory)Cuba has not declared an extended refusal period, so the Protocol's 1-year period applies
Dependency riskNoneIf the basic application or registration is refused or cancelled within 5 years, the Cuban designation falls with it (it can be transformed into a Cuban national application within the set time limit)
Best forYou only need Cuba, or have no home filing to rely onYou already have a home filing and want protection in several countries

If you are also targeting Spanish-speaking markets, compare Trademark registration in Mexico and Trademark registration in Spain: Cuba and Mexico can both be designated through Madrid, but Mexico allows only one class per national application and requires a declaration of use after the third anniversary of registration; Cuba has neither rule.

Not sure? Run a free search first, then submit an order online; the agent will recommend a route based on the search results.

What to prepare

Documents checklist

For a direct application to OCPI, prepare the following information and documents. To obtain a filing date you only need the applicant's details, the list of goods and services, a clear representation of the mark and payment of the filing fee; the rest can follow within 60 days of the filing date. No evidence of use is needed at filing.

Applicant

  • Name, nationality and address (for a company, its name as registered, written in Spanish or English)
  • Email address and telephone number: OCPI serves notices by email by preference, usually to your Cuban agent
  • Joint applicants jointly appoint, in writing, a common representative or a common agent

The mark

  • A representation of the mark; word marks made up only of Latin letters and numbers are filed in standard characters, without figurative elements or colours
  • Marks with Chinese or other non-Latin characters are filed as figurative marks, with a transliteration into Latin letters (such as pinyin for Chinese)
  • If you claim colours, give the colour names or codes; three-dimensional, sound, motion and other new types of marks are filed with representations, audio or video files and a description in the prescribed format

Goods or services

  • Under the latest edition of the Nice Classification, list specific goods and services, each group preceded by its class number, in ascending class order
  • Class headings and other general terms are accepted only if they are as clear as OCPI requires

Priority

  • To claim priority from an earlier application, file in Cuba within 6 months of the earlier filing date, giving its number, date and office
  • File the priority document (a certified copy from the office of origin) within 90 days of the Cuban filing date, or give an access code for electronic retrieval; each priority claim has its own fee

Power of attorney and other documents

  • Power of attorney: signed by the applicant, stating the scope of authority, with a copy for each application; the law requires no notarisation or consular legalisation
  • All documents in Spanish, or with a Spanish translation
  • A mark containing another person's name, likeness or other identifying features needs that person's written consent (or their heirs', if the person has died)

Signed documents such as the power of attorney are provided following the agent's instructions. If the documents are not completed within 60 days of the filing date, or defects are not corrected within the period set in an official notice, the application is deemed abandoned.

How long

Process and timeline

Example: a direct application with no opposition. Periods marked "statutory" are set by law.

  1. Step 1

    Clearance search (recommended)

    Search for similar earlier marks, settle the classes and the wording of the goods and services, and prepare a Latin-letter transliteration of any non-Latin mark

  2. Step 2

    Filing

    The filing date is the date the minimum requirements are met and the filing fee is paid; other documents within 60 days, the priority document within 90 days (statutory)

  3. Step 3

    Formal examination and publication

    Once the formal examination is passed, publication in the Official Industrial Property Bulletin within 180 days of the filing or priority date (statutory)

  4. Step 4

    Opposition

    Oppositions within 60 days of the bulletin's circulation date; if one is filed, the applicant can answer within 60 days (statutory)

  5. Step 5

    Substantive examination and decision

    Absolute and relative grounds are examined, ending within 1 year of the filing date (statutory); if the mark is granted in full with no opposition, the registration certificate comes with the decision

  6. Step 6

    Reconsideration

    Against a decision, a request for reconsideration (recurso de reforma) to the Director General of OCPI within 60 days; the Director General decides within 45 days (statutory)

OCPI publishes no verifiable average examination times, so this page lists only statutory periods. Official notices must be answered within 30 days, extendable by a further 30 days if requested before the deadline (both with fees); while a notice is pending, the procedure and its time limits are suspended.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Official fees are charged per application: one filing fee covers up to 3 classes, with an extra fee per class from the fourth. Under Resolution 71/2026 of the Ministry of Science, Technology and Environment, foreign legal entities and foreigners not resident in Cuba pay in US dollars; under the new law there is no separate registration fee on grant. The table below shows OCPI's current fees.

ItemChargedAmountApprox. USD
Paid on filing
Application fee (per application, up to 3 classes)Per application390 USDUSD 390
Each additional class from the 4th class, on filingEach class from the fourth120 USDUSD 120
Payable when applicable
Priority claim (per priority)Per application50 USDUSD 50
Accelerated examination (where the applicant intends to file abroad and a registration is required)Per application100 USDUSD 100
Response to an official requirement (each)Per application80 USDUSD 80
Extension of 30 days to respond to an official requirementPer application50 USDUSD 50
Applicant's reply to an oppositionPer application100 USDUSD 100
Request for reconsideration (recurso de reforma)Per application150 USDUSD 150
Madrid designation: response to a provisional refusalPer application150 USDUSD 150
Keeping the registration
Renewal (every 10 years, up to 3 classes)Per application440 USDUSD 440
Renewal: each additional class from the 4th classEach class from the fourth120 USDUSD 120
Renewal in the first 3 months of the grace period (up to 3 classes; replaces the standard renewal fee)Per application480 USDUSD 480
Renewal in the last 3 months of the grace period (up to 3 classes; replaces the standard renewal fee)Per application520 USDUSD 520
Other
Recordal of assignment (per application or registration)Per application100 USDUSD 100
Recordal of a licence (per application or registration)Per application100 USDUSD 100
Recordal of change of name or address (per application or registration)Per application40 USDUSD 40

Source: Oficina Cubana de la Propiedad Industrial (OCPI); Resolución 71/2026 del Ministerio de Ciencia, Tecnología y Medio Ambiente, Anexo II (GOC-2026-350-O50) · current fees in force since 2026-08-08 · checked on 2026-10-07

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

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Example: a mark in 2 classes needs one application, with a filing fee of USD 390; in 5 classes, USD 390 + 2 × 120 = USD 630. Each priority claim costs a further USD 50; answering an official notice costs USD 80 each time, and a 30-day extension USD 50.

Resolution 71/2026 was published on 9 June 2026 and took effect 60 days after publication, replacing Resolution 112 of 2021. Applications filed before the new law took effect and still pending pay a USD 90 registration fee on grant, under the transitional rules.

Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to Cuba and common refusals

These are the most common issues in Cuban examination, along with Cuban rules that are easy to overlook.

An official Cuban agent is mandatory; email notices must be acknowledged within 3 business days

Applicants without a domicile or business establishment in Cuba must handle every procedure, from filing and responses to renewals, through an official Cuban industrial property agent. OCPI serves notices by email by preference, and the recipient must acknowledge receipt within 3 business days; without acknowledgement, the notice is published in the Official Notification Bulletin, and time limits run from its publication. Record any change to your agent's address or email promptly: service to the recorded details is valid.

60 days to complete the filing, 30 days to reply; late means abandonment

Once you have a filing date, the remaining documents must be filed within 60 days and the priority document within 90 days, or priority is lost. Official notices must be answered within 30 days, extendable by 30 days only if requested before the deadline; if defects are not corrected, or not corrected properly, the application is deemed abandoned. If you missed a deadline for a legitimate reason, you can ask for reinstatement within 2 months of the obstacle ending and within 1 year of the original deadline.

A 60-day opposition period; the new law abolished third-party observations

Within 60 days of publication, only owners of affected earlier rights can oppose, on relative grounds (earlier marks, trade names, well-known marks, names and likenesses, copyright and so on), paying a fee; the observations (observaciones) procedure open to anyone under the old law has been abolished. If you already have an earlier brand in Cuba, watch the bulletin.

3 consecutive years of non-use: OCPI can cancel on its own initiative

If the mark is not actually used in Cuba for 3 consecutive years after grant, a third party can request cancellation, and OCPI can also declare the registration lapsed on its own initiative, if appropriate only for the goods not in use. Use that begins within the 3 months before a cancellation request does not save the registration; evidence of use is treated as a sworn statement. Use on goods exported from Cuba also counts, as does advertising before launch, provided the goods are actually placed on the market within 2 months of the advertising starting.

Registration by agents or distributors

An application filed in their own name without consent by an agent, representative, distributor or anyone else with a relationship with the owner is refused; if it is already registered, the legitimate owner can claim the registration. A registration applied for in bad faith can be declared invalid at any time during its term. Before working with a Cuban importer or distributor, file in your own name first.

Cuban grounds for refusal and invalidity

Besides the usual lack of distinctiveness, descriptiveness and similarity to earlier marks, Cuban law makes harm to the interests of the national economy a ground of relative invalidity, and licence agreements harmful to the national economy are not recorded; scent and taste marks are expressly excluded from protection. Marks in Chinese or other non-Latin characters need a Latin-letter transliteration, and a Spanish translation of any meaning is advisable.

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After registration

Keeping the registration

A Cuban registration lasts 10 years from the filing date. During that time the mark must actually be used in Cuba and renewed on expiry, and assignments and licences must be recorded with OCPI.

WhenWhat to doOfficial fee
Any 3 consecutive years after registrationMake sure the mark is actually used in Cuba and keep evidence; after 3 consecutive years of non-use it can be cancelled on request or by OCPI on its own initiative—
Within the 6 months before expiry, every 10 yearsRenew; you can renew for only some of the goods, but cannot change the mark or add goodsUSD 440 for up to 3 classes, USD 120 per class from the fourth
6-month grace period after expiryRenewal is still possible with a surcharge; if it is not renewed by the end of the grace period, the registration lapses automaticallyUp to 3 classes: USD 480 in the first 3 months, USD 520 in the last 3
Madrid: every 10 years for the international registrationRenew the international registration with WIPO, which also renews protection in CubaWIPO renewal fees (the Cuban individual fee does not apply if your office of origin is party to both the Madrid Agreement and the Protocol, e.g. China)
Any timeRecord assignments, licences and changes of name or address with OCPI to be effective against third parties; changes of agent or email are recorded free of chargeUSD 100 per assignment or licence; USD 40 per change of name or address

Cuban customs can detain imports or exports suspected of infringement on their own initiative, at the owner's request or by court order; after detention, the owner must prove within 3 business days that court proceedings have been brought, or the goods are released. Use by a licensee counts as use by the owner, so keep sales and advertising evidence against a non-use cancellation.

FAQ

Trademark registration in Cuba

How much does a Cuban trademark cost?

Official fees are in US dollars and charged per application: USD 390 for up to 3 classes, plus USD 120 per class from the fourth; under the new law there is no separate registration fee on grant. Each priority claim costs USD 50, and each answer to an official notice USD 80. Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

How long does Cuban trademark registration take?

OCPI publishes no verifiable average examination times. The statutory milestones are: publication within 180 days of the filing or priority date, a 60-day opposition period from the bulletin's circulation date, and the end of substantive examination within 1 year of the filing date; if the mark is granted in full with no opposition, the registration certificate comes with the decision. Oppositions or official notices add time.

Can a foreign company file a trademark in Cuba without a local agent?

No. Applicants without a domicile or a real and effective business establishment in Cuba must use an official Cuban industrial property agent for every trademark procedure. The power of attorney only needs the applicant's signature; the law requires no notarisation or consular legalisation. If you designate Cuba through Madrid, you need no Cuban agent to file, but you do need one to answer a provisional refusal.

Can one Cuban application cover several classes?

Yes. One application can cover several classes, grouped by class under the latest edition of the Nice Classification; one fee covers up to 3 classes, with an extra fee per class from the fourth. After registration you can divide it or renew for only some of the goods, but you cannot add goods or change the mark.

What changes under Cuba's new trademark law?

Decree-Law No. 103 on Trademarks and Trade Names and its Regulations were published on 9 June 2026 and took effect 60 days after publication, replacing Decree-Law No. 203, enacted at the end of 1999. The main changes for applicants: the law expressly allows colour combinations and sounds to be registered, the Regulations set out how to file position, pattern, motion, hologram and multimedia marks, and scent and taste marks are expressly excluded; the observations procedure open to anyone is abolished, leaving only oppositions by owners of earlier rights, with 60 days to answer; there is no separate registration fee, and marks granted in full with no opposition receive their certificate directly; the period for reconsideration is now 60 days. Existing registrations remain valid.

Can I designate Cuba through the Madrid System?

Yes. Cuba has been party to the Madrid Protocol since 26 December 1995. If your office of origin is party to both the Madrid Agreement and the Protocol (e.g. China), designating Cuba costs only the CHF 100 complementary fee (Article 9sexies of the Protocol); otherwise the Cuban individual fee is paid in two parts, the first on designation and the second when Cuba grants protection. See the WIPO fee calculator for amounts. Cuba has not declared an extended refusal period, so any refusal must be notified within 1 year.

Other IP rights

Patents: Cuban invention patents last 20 years and utility models 10 years, both from the filing date and maintained by annual fees; Cuba has been a PCT member since 16 July 1996.

Designs: protected for 10 years from the filing date, maintained by annual fees; Cuba is not party to the Hague Agreement, so designs must be filed directly with OCPI.

Patent applications are handled through an affiliated patent agency.

Other countries and territories in the region

Jamaica · Costa Rica · Guatemala · Dominican Republic

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