Cuba’s New Trademark Law Is in Force: What Decree-Law 103 Changes

A Wider Idea of What a Trademark Can Be

Decree-Law No. 103 and its implementing regulations repeal and replace Decree-Law No. 203. The most striking shift is in the definition itself. A trademark can now be any sign or combination of signs capable of being represented, which opens the door to non-traditional marks. Scent and taste marks remain outside the system, but the reform clearly moves toward a broader view of brand identity.

Fewer Categories, Clearer Scope

The reform also trims the list of protectable distinctive signs. Business emblems, commercial slogans, and establishment signs no longer qualify as protectable subject matter. Businesses that relied on these categories should review how their brand assets are protected, because the protection they had may not carry over.

Trade Names Get a Fresh Footing

Trade names are now defined as any sign or combination of signs, including words and graphic elements. The International Classification of Goods and Services also applies to them, bringing trade names closer in structure to trademark filings.

A Different Route for Third Parties

Third-party observations have been eliminated. A formal opposition is now the only mechanism for third parties to intervene. Two other changes also affect the Cuban market. The old prohibition on registering a sign that includes a State’s name without authorisation, including the term “Cuba”, has been removed. Certification marks now sit alongside individual and collective marks as a category you can apply for.

Appeals, Decisions, and Deadlines

The review process has been reworked. The “conclusive report” is abolished, and decisions on the merits are issued as formal resolutions by the head of the Office. The recurso de alzada is replaced by the recurso de reforma, which applies depending on the stage of review. Deadlines for filing an administrative appeal or responding to an opposition now run for sixty days, in line with Madrid System obligations. Where no reconsideration is requested, the initial decision becomes final on its own, with no ratification resolution needed.

Practical Flexibility for Owners

The reform also makes day-to-day management easier. A waiver of granted rights no longer needs notarisation or protocolisation, and withdrawing an application is now expressly provided for. The concept of “cancellation”, which blended a process with its effect, is replaced by a procedure for relative nullity. Divided applications or registrations can now be merged back together, and individual nationals acting in their own name have wider standing to serve as representatives.

Acting Now Rather Than Later

Because the new law is already in force, pending filings, oppositions, and appeals should be checked against the new rules. Deadlines and procedures have changed, so a decision made under the old framework may need a fresh look.

Plan your next move in Cuba with confidence.

With over 15 years of experience and as authorised representatives, our team can review how Decree-Law 103 affects your existing and planned filings. Get in touch to discuss your next step. info@legacypartners.global