An approach to the phenomenon of a possible collision between the distinctive signs and company names, with an approach of the problems to the legal person , in any of its associative forms, have been treated in some Research though scarce even in Cuba.
Somewhat happened with the phenomenon, but in turning to natural persons. We will take the issue to an edge no less interesting therefore rather challenging, view the current transformation of the model economic Cuban that are being developed, and it’s the natural person as entity in the exercise of its business, just as the State, of an unequivocal identity in the market Cuban companies or companies requiring differentiating them from other individuals in the exercise of its activity, identifying their Services and products by brands, by making use of slogans to popularize them, taking advantage of the possibilities of using a label of establishment and protect its rights in the same, a corporate emblem and a trade name issues that legitimate, the legislation current in this matter, elDecreto-law No. 203/2000 “Of marks and other distinctive signs” into force on 2 May 2000 and December 24, 1999.
You can similarly and with greater frequency than with societies that obligatorily must register for their existence, arise conflicts between natural persons by identity or similarity between the signs that identify them in the exercise of its activity (sign, commercial emblem, trade name), between the marks that distinguish goods and services of different origin business (view the natural person as a worker or individual entrepreneur self-employment) , and between these distinctive signs against using global or territorial scope, and registered domain names that could collide.
Also would a new touch to this phenomenon with the possibility of use of names and surnames as Mark enter commercial activities with one family Organization , against other protected or not that are notoriously known, either using a name that does not coincide with that of the natural person who would use the distinctive emblem and for their protection requires the consent of the other ((, and the latter had died must provide proof of the consent of his heirs for their protection as a mark or as a trade name, as it is regulated in the articles 17.1 e-) in relation to the brands and the articulo98.1 e-) regarding the trade name for natural persons, of the Decree-Law No. 203/2000 “Of marks and other distinctive signs”.
Own name and surname as a mark or trade name
Law vigenteDecreto-law No. 203/2000 “Of marks and other distinctive signage Perth“, regulates the possibility of using as marks and trade names of individuals, their own name or surname, or the name or surname of another, if it proves that the consent of that other or their legal successors of deceased.
Appears in any case among the prohibitions to register, the does not affect a right of the personality of a third party, provided for in the articles 17.1 e-) in relation to the marks and article 98.1 e-) regarding the trade name for natural persons
So have brands requested or registered in Cuba that include proper names and/or surnames such as: the brand through national, SALMA HAYEK in classes 3, 18 and 25 and 41, in Cuba, which was requested by the company VENTANAROSA, INC. C/O GEIBELSON & YOUNG, residing in: 21700 OXNARD STREET, SUITE 2030,
WOODLAND HILLS, CALIFORNIA 91367, USA. in the registration process are provided letter of consent of the famed actrizSalma Hayek signed as President in addition to the company requesting the registry, which authorizes the use of his name and surname as mark and is granted registration in Cuba in favor of VENTANAROSA, INC. Another similar case was the international registration No.822238, Jean-Claude VAN DAMME, in class 9, by FOUR-ONE ENTERPRISES LIMITED Company designating Cuba among the countries in which protection is sought, and which, in turn, said a letter of consent from the renowned actor Jean-Claude Van Dame.
Other cases that it has demanded heirs to provide the consent by deceased person whose name is intended to protect as a brand, as it has been for the use of the identification of the famed Aviator Brasilenoalberto Santos – Dumont, as a brand, to saber: Santo – DUMONT, No.833031 international registration in class 14, in favor of the famed company watch CARTIER INTERNATIONAL B.V. in which case it could not contribute by absence and related other historic elements of the link Cartier Santos Dumont, creating this first for second the first wrist watch, so that I could see the time without leaving the control of the aircraft. Also with respect to records international No. 883259 ERNEST HEMINGWAY and No.882929 HEMINGWAY, in class 43 in favor of HEMINGWAY, LTD. in Cuba, were due to provide letter of consent by their heirs, the sons of Ernest Hemingway, who both were partners of the mentioned company, HEMINGWAY, LTD. c/o FASHION LICENSING OF AMERICA, INC. Based on 305 Madison Avenue, Suite 3520, New York, NY 10165, USA.
In the above-mentioned cases, it was companies or legal entities claiming to protect a name or surname as brand but also could occur in case of use as a proper name or surname by a natural person. Would be for example the use of SOMAVILLA surname of the famous Cuban musician to identify a bar-restaurant or piano-bar – restaurant by a natural person who shall where applicable provide a consent of his heirs to protect brand SOMAVILLA in class 43 for catering services, and even the class 41 for services shows, that could provide in this piano-bar – restaurant.
Could be protectable brand in Cuba CHUCHO, nickname that is known to the famed musician cubanoChucho Valdés, pianist, composer and conductor, CHUCHO as a mark to identify in class 15 “musical instruments