Cuba has once again triumphed in the prolonged and arduous struggle to protect its most emblematic emblem, the Cohiba brand, one of the world’s symbols of high-quality cigars. U.S. District Judge for the Eastern District of Virginia, Leonie M. Brinkema, ruled in favor of Cuba in a new instance of the legal dispute against the U.S. company General Cigar Company, which sought to overturn the cancellation of the trademark registration in the U.S.
The ruling, dated this Wednesday, confirmed the prior decision of the Trademark Trial and Appeal Board (TTAB) in 2022, which had already determined that Cohiba of Cubatabaco was protected by the 1929 Inter-American Convention, which safeguards international trademarks. The judge highlighted that since its creation in 1966, Cohiba not only represents the excellence of Cuban cigars but has also been legally defended since the administration of President Bill Clinton (1993-2001).
“This ruling reaffirms the international protection of our brand and demonstrates that Cuba continues its legal battle to defend its cultural and economic heritage,” Cubatabaco’s attorney stated in comments to this outlet following the verdict.
The history of the litigation dates back to 1997, when Cubatabaco challenged in U.S. courts the registration application made by General Cigar in 1978. The company, which markets versions of Cohiba in the local market and in other countries, argued that Cuba allowed the trademark to lapse due to non-use, an allegation that was dismissed by the courts.
Additionally, the U.S. company had applied for the registration of the name in 1981, but the evidence presented during the process made it clear that Cohiba was already being marketed in 1977, in an article in the magazine Forbes, and in 1982 in the international market, reaffirming that Cubatabaco always maintained its right to the trademark.
“We are evaluating the possibility of appealing this decision,” declared Régis Broersma, director of General Cigar, in a statement following the ruling, although he acknowledged that the decision favors Cuba in one of the longest-running disputes in the history of trademark commerce.
Cuba thus reaffirms its right to protect the name Cohiba, which since its creation has become synonymous with quality and prestige in the world of cigars, in a context where Washington’s economic sanctions and blockades continue to affect legal commercialization in the United States.
