The legal battle over the Cohiba cigar trademark has finally come to a close after 25 years. The General Cigar Co, which owns the Cohiba cigar trademark in the United States, had its trademark revoked by the US Trademark Trial and Appeal Board (TTAB).
Since 1997, the parent company of General, Scandinavian Tobacco Group (STG), and the Cuban tobacco company Empresa Cubana del Tabaco (Cubatabaco) have been fighting for the rights to the Cohiba trademark in the United States. In a recent ruling this month, the Trademark Trial and Appeal Board (TTAB) sided with the Cuban cigar group in its lawsuit, claiming that General Cigar Company had lost its registration of the Cohiba trademark due to a violation of an international agreement dating back to 1929.
In the United States, the Cohiba brand is manufactured by General Cigar Co. and is known for its signature red dot, which fills the letter "O" in the name. According to Patrick Lagreid of Halfwheel, Cohibas found on store shelves in other parts of the world come from Cuba and are recognized for their gold and black color scheme and the image of a Taino Indian head.
While the ruling by the TTAB indicates that General's registration on the Cohiba trademark will be canceled "at the appropriate time," it does not necessarily mean that General must immediately remove Cohiba products from the market. Firstly, the TTAB did not grant the Cohiba trademark to Cubatabaco. Secondly, General Cigar Company has pledged to appeal the decision and will continue to produce and sell their own Cohiba cigars during the appeals process.
Cohiba stands out as a unique case because of its prominent position on the global stage. It was created by the state-owned tobacco company in Cuba after the revolution, while other brands with Cuban heritage like Partagás, Hoyo de Monterrey, and La Gloria Cubana were taken over by the Cuban government in 1959 and are now owned by General Cigar Co.
Similarly, General's biggest rival in the cigar industry, Altadis USA, has several brands that originated before the revolution, including Montecristo, Romeo y Julieta, and H. Upmann. Prior to Imperial Brands plc selling its premium cigar business in April 2020, Altadis USA was owned by Imperial and also held a 50% stake in Habanos SA, a joint venture with the Cuban tobacco monopoly responsible for the sales and marketing of Cuban cigars. Imperial also held stakes in Habanos SA's distributors around the world and companies that manufacture and distribute Cuban machine-made cigars.
In 2015, the United States Federal Court of Appeals ruled in favor of Cubatabaco. After the Supreme Court refused to review the case, it was transferred to TTAB.
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