Despite Embargo, Cuban Cigar Makers Have Standing to Seek Cancellation of Registration

Despite the Cuban embargo, a Cuban entity might have standing to petition the Patent and Trademark Office for cancellation of a trademark registration, particularly when alleging that the registration is geographically deceptively misdescriptive, the Trademark Trial and Appeal Board ruled Aug. 1 (Corporacion Habanos S.A. v. Rodriguez, T.T.A.B., Cancellation No. 92052146, 8/1/11).

Denying a motion to dismiss for lack of standing, the court also noted the Cuban cigar maker’s assertion of use of the relevant term internationally as well as in advertisements in U.S. publications.

Dominican Cigar Maker Registers Term With PTO.

In 2008 Juan E. Rodriguez obtained ...