US Court Upholds Cuba’s Ownership of Cohiba Trademark

A US federal court has confirmed Cuba’s exclusive rights to the ‘Cohiba’ cigar trademark, dismissing General Cigar’s appeal.

In a significant legal development, the US District Court for the Eastern District of Virginia has upheld Cuba’s exclusive rights to the ‘Cohiba’ cigar trademark. This ruling dismisses an appeal by General Cigar Company, a subsidiary of Scandinavian Tobacco Group, which has been embroiled in a protracted legal battle with Cuba’s state-run tobacco entity, Empresa Cubana del Tabaco (Cubatabaco), over the rights to the ‘Cohiba’ name in the United States.

The dispute dates back to 1997 when Cubatabaco challenged General Cigar’s registration of the ‘Cohiba’ trademark in the U.S., arguing that the name was already in use in Cuba. In 2022, the U.S. Trademark Trial and Appeal Board (TTAB) ruled in favour of Cubatabaco, ordering the cancellation of General Cigar’s ‘Cohiba’ trademark registrations. General Cigar appealed this decision, but the recent federal court ruling has reaffirmed the TTAB’s stance

The court’s decision is based on the Pan American Convention, a treaty signed by both Cuba and the United States, which mandates the cancellation of a trademark if it was already in use in another member country at the time of application. The ruling found that General Cigar was aware of the ‘Cohiba’ brand’s existence in Cuba when it applied for registration in the U.S. in 1978

Despite the embargo preventing the legal sale of Cuban cigars in the U.S., the court’s decision is seen as a significant victory for Cuba, affirming its claim to the ‘Cohiba’ brand. General Cigar has indicated its intention to appeal the decision, suggesting that the legal battle over the ‘Cohiba’ trademark is far from over.

For a deeper exploration of the ‘Cohiba’ brand’s legacy and the ongoing trademark dispute, visit our detailed analysis here: Cohiba in Court: How One Name Defines the Cigar World’s Class Divide.