‘Guantanamera’ Mark for Florida Cigars Is Materially Misleading, Unregistrable

The term Guantanamera, the Spanish translation of which is “girl from Guantanamo,” would likely be understood by a significant portion of consumers to indicate that cigars that used the mark hailed from Cuba, but since the cigars were not in fact from Cuba, the mark was primarily geographically misdescriptive, the Trademark Trial and Appeal Board held Feb. 16, sustaining a Section 2(e)(3) opposition to the registration of the mark (Corporacion Habanos S.A. v. Guantanamera Cigars Co., TTAB, 91152248, 2/16/12).

In light of the U.S. Court of Appeals for the Federal Circuit’s decision in In re Spirits International N.V. ...