License No. CU-78926-a, Case No. CU-78926-b, License No. CU-78926-b [Application in PDF file]

Date issued: Jun. 23 2010

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TURBOFAC Commentary (970 words)

Notes:

1) In FAC No. CU-156123, which is cited in the application for the license here, OFAC interprets 515.527 such that "[t]ransactions related to the registration and renewal...of patents, trademarks, and copyrights in which the Government of Cuba or a Cuban national has an interest" would "authorize[] Cuba to file an opposition to the registration of a new trademark on the grounds that the new trademark interferes with Cuba's right in its registered trademark based on likely consumer confusion."

Here, however, the applicant representing the Cuban government argues in the application that the cancellation proceeding against a U.S. person for infringement of the Cuban mark would fall outside the scope of 515.527.

31 C.F.R. § 515.527, the general license authorizing Cuban nationals to pursue ce1iain proceedings in the USPTO, is, in our understanding, inapplicable here. By its terms, section 515.527...