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Precedential No. 44: TTAB Sustains 2(e)(3) Opposition to "HAVANA CLUB" for Cigars Made From Cuban Seed Tobacco

The Board sustained a Section 2(e)(3) opposition to registration of the mark HAVANA CLUB for "cigars made from Cuban seed tobacco" [HAVANA disclaimed], finding the mark to be primarily geographically deceptively misdescriptive. The key issue was whether Applicant's goods should be deemed to originate from Havana, Cuba, even though they will be made elsewhere. Corporacion Habanos, S.A. v. Anncas, Inc., Opposition No. 91165519 (September 26, 2008) [not precedential].Opposer submitted a copy of its U.S. trademark registration for the mark HABANOS UNICOS DESDE 1492 for cigars and related products. Its Commercial Vice-President testified that the company currently uses its mark in advertising in United States and intents to sell Cuban cigars in this country as soon as the law allows...continue to full post

Full post as published by The TTABlog on October 21, 2008 (boomark / email).