1) The definition of a trademark has been broadened to include any distinguishable sign, including words, devices, letters, numerals, three dimensional objects, combination of colors, sounds and scents. Also, the law provides for protection of commercial names, establishment emblems, establishment labels and commercial slogans. Trademarks can now be filed either by legal entities or natural persons, unlike the former trademark law that allowed only legal entities.

2) Trademark rights are obtained through registration on a first-to-file basis. Nevertheless, the law establishes protection for notorious trademarks which are granted special protection. Co-ownership of trademarks is allowed.

3) A single application can cover up to three classes. Protection is granted for 10 years from the date of filing. Renewal of a registration can be requested up to six months after the expiration thereof.

4) The filing procedure is completely new. Once the application is filed, the Examiner will carry out a formal examination to confirm that the application fee has been paid and that all of the documentation is in order. After this formal examination, the application is published. Unlike the former law, the new law provides that third parties may file observations or oppositions within a period of two months following the date of publication. If no observation or opposition is filed, the Director of the Trademark Department will issue a Conclusive Exam Report granting or rejecting the trademark.

5) If an opposition or observation is filed, the applicant has one month to submit arguments in reply thereto. Upon the expiration of the one-month period, the Director of the Trademark Department will issue a decision regarding the allowance of the application.

6) The applicant or opponent has the right to file an appeal against the decision of the Director of the Trademark Department. The appeal must be filed within thirty days of the notification of the decision of the Director of the Trademark Department. When presenting the grounds of appeal, the applicant can also modify the application in order to overcome the objections raised by the Director of the Trademark Department or by the opponent. The decision issued by the Director is final and ends the administrative instance. Such decisions can only be contested by filing an action before the Civil and Administrative Court of Havana.

7) Deadlines have become more flexible under the new law. A "reestablishment of rights" system has been added whereby, if an applicant or trademark owner was unable to meet a deadline resulting in loss of a trademark right, under certain circumstances, he can regain those rights by filing a "reestablishment of rights" application before the Industrial Property Office.

8) With respect to parallel imports, the new law adopts the international system of exhaustion of rights.

9) Trademark use is required within three years of registration. If the trademark is not used within that period of time, the registration can be canceled. If a trademark was in use for only some of the goods or services, the cancellation will not affect the goods or services for which use can be shown and the registrant's rights will be maintained for those goods or services.

10) Under the new law, trademark registrations may be canceled or annulled by third parties or by the Office ex-officio. The Industrial Property Office has jurisdiction over all cancellation, nullity and lapse actions filed against trademarks.

11) All changes regarding ownership, change of address, licensing or other limitations to trademark rights must be recorded at the Office in order to be effective. No consular legalization or notarization is required.

12) Trademarks can be assigned for all the goods or services or for only certain goods or services. If a trademark is only partially assigned, a new trademark registration is granted to the assignee.

13) Licenses can be exclusive or non-exclusive. If a license is exclusive, the licensee can take action against infringers without the consent of the licensor.

14) A trademark owner can file a civil action before the Civil Administrative and Labor Court against any infringement. The trademark owner can request the judge to order the cessation of the infringing actions, seizure of the goods, and indemnification for damages. If two or more people own a trademark, each one can separately file a civil action without the consent of the other owner, unless stipulated otherwise.

15) In an action filed for infringement of a right, the trademark owner may request a preliminary injunction. The injunction may be granted in order to prevent the infringement from taking place, to order the end of acts that constitute infringement, the seizure of materials that bear the infringing trademark or that will be used for the infringement, and to stop the importation or exportation of goods bearing the infringing mark. These precautionary measures may be requested before filing the action for infringement, together with or after it has been filed.