If your business might wish to take advantage of the new business opportunities for US companies in Cuba, consider proper trademark protection as well. Even under the prior embargo, US companies were permitted to file trademark application in Cuba. Now that the embargo may be amended or lifted, US companies that could have business interests in Cuba need to consider trademark ramifications. This is a particular concern because Cuba is a “first-to-file” country, meaning someone could obtain rights by registering a brand name even if they have not made any commercial use of the name.

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