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After more than two decades without substantial changes, the Cuban regime has approved new legislation on trademarks and trade names that will directly impact small and medium-sized enterprises (mipymes), self-employed workers, cooperatives, and state-owned companies seeking to protect their commercial identity in an increasingly diverse economic environment.
The measure was officially announced this Tuesday with the publication in the , which replaces Decree-Law 203 that has been in effect since December 1999. According to the text, the update responds to changes in the national economy, the emergence of new economic players, and the advancement of information and communication technologies.
One of the most significant changes is that the new regulation expands the types of trademarks that can be registered in Cuba. In addition to traditional words, names, numbers, or logos, now signs such as sounds, combinations of sounds, three-dimensional shapes, specific colors associated with a brand, and even other more modern formats outlined in the regulations can be protected.
The legislation also explicitly recognizes that both natural and legal persons, whether Cuban or foreign, can apply for trademark and business name registrations, a particularly relevant aspect for the growing private sector that has emerged in recent years.
For those who have chosen to develop their own brand, the regulation strengthens legal protection against copies or improper uses. The registration will grant the holder the exclusive right to use the brand in the marketing, advertising, importation, exportation, and distribution of products or services, as well as allowing legal actions against third parties who use it without authorization.
Another development is the introduction of more flexible procedures for transferring trademarks, granting usage licenses, splitting registrations, or merging them—mechanisms that can be particularly beneficial for expanding private businesses or projects evolving into new commercial lines.
The new regulation also tightens certain requirements. For instance, a trademark may be forfeited if it is not effectively used for three consecutive years within the national territory. In such cases, the Cuban Office of Industrial Property may declare the registration void due to lack of use.
Additionally, the regulation aims to prevent registrations that may mislead consumers or take advantage of well-known brands. Restrictions remain in place for signs that are misleading, contrary to the law, or that infringe on the rights of third parties.
The Decree-Law also establishes that the registrations will be valid for ten years and can be renewed for successive periods of the same duration.
Among the transitional provisions is the gradual conversion of legal entities that existed under the previous legislation, such as business signs, corporate emblems, and trade slogans, which must be adapted to the new system when applicable.
The new regulation will come into effect 60 days after its publication in the Official Gazette.
For thousands of Cuban entrepreneurs who have built businesses around a recognizable brand on social media, digital platforms, or local markets, the reform represents a broader legal framework to protect their commercial assets, although it also introduces new obligations to uphold those rights.
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