Cuba’s new trade mark regime enters into force

On 8 August 2026, Cuba’s new trade mark and trade name framework entered into force following its publication in the Official Gazette on 9 June 2026. Decree-Law 103 replaces Decree-Law 203 of 1999 and introduces several changes to the Cuban trade mark system. These include the recognition of sound marks, a 60-day opposition period, and a requirement for substantive examination to be completed within one year from the filing date. The new law also expressly provides for invalidity where an application was filed in bad faith and cancellation where a trade mark has not been genuinely used in Cuba for three consecutive years.

Decree 151/2026 establishes the detailed rules governing applications, examinations, oppositions, administrative appeals, renewals and changes affecting applications or registrations. It also allows applications and other communications with the Cuban Industrial Property Office (OCPI) to be carried out electronically under the arrangements established by the Office.

The reform is accompanied by Resolution 71/2026, which updates official fees for trade marks, geographical indications, patents, industrial designs, utility models, plant varieties and other industrial property procedures. Cuban residents and wholly Cuban-owned legal entities pay the applicable fees in Cuban pesos, while foreign non-residents, foreign legal entities, and foreign investment entities are subject to fees in US dollars.