This Is This End ... My Only Friend The End ...
Thanks to "Electric Sheep"
What's 50% of Corporacion Habanos, S.A. Worth Today, 10 Years later ....?
|From Bloomberg News 10 Years Ago ....|
Altadis to Buy 50% of Cuba's Corporacion Habanos for $500 Mln
Madrid, Dec. 9 (Bloomberg) -- Altadis SA, the world's biggest cigar maker, said it would spend $500 million to buy 50 percent of Corporacion Habanos, makers of some of Cuba's best- known cigars, including Cohiba and Montecristo.
Altadis, to be formed by the merger of Spain's and France's biggest tobacco companies, said the price of the purchase could be revised after it reviews the company's financial situation.
Corporacion Habanos was created in 1994 to regroup and sell the major Cuban cigar brands.
Tabacalera SA bought France's Seita SA to former Western Europe's third-largest cigarette company and exploit their dominant position in cigars. The combined company already controls about 25 percent of the world's market for cigars.
The new company is expected to begin trading in both France and Spain tomorrow.
(C) Copyright 1999 Bloomberg L.P.
Cigar Law on Dog Watch Cigar Radio
Not Cigar Related But ...
Cigar Law Back on Dog Watch Cigar Radio
TTAB Issues Notice of Default to United Tobacco Distributors
Corporacion Habanos' Consent Agreement with Empresa Cubana Del Tabaco
NUB Files Motion for Default Against Cigarmony
Thanks Pacific Cigar Co.
The Smoking Hot Cigar Chick
Coffee Wars - "CUBITA"
Altadis USA Files Motion for Ext. of Time to Oppose "CENTARIO"
Thanks to UK Solicitor Peter Groves for the Link
Thanks for the link on CHARONQC.WORDPRESS.COM
Cuban Spies Indicted
Bidwell Cigar Co. Expressly Abandons CALLE OCHO
PATRON Tequila Files Opposition Against PADRON for Coffee etc.
TORPEDO v. IMPACT TORPEDO
Wow! Drew Estate Voluntarily Surrenders 5 year old Registration for "LA VIEJA HABANA"
Nat Sherman Tobacconist Lindsay Heller ... in her own words ...
Although I obeyed the law in waiting until I was eighteen years old, I had always had this desire to smoke cigars after witnessing my grandfather enjoy them throughout my entire young life. Like many people I help everyday, at first I knew relatively little about tobacco outside of some historical and geographic facts, but as is the custom with me, if I enjoy something I always have to try and learn as much as possible about it.
I was a consumer and student for nearly six years learning, trying, and asking questions before I made the leap from customer (and apprentice of sorts) to becoming an actual tobacconist. I am now
From hosting events, classes, and even personally tailored in-store appointments, I love watching cigar smokers get excited about the perfect stick. Despite all of the anti-smoking hysteria and rather unjust laws, I enjoy being part of a company that provides those wishing to enjoy tobacco an oasis in the middle of an urban jungle. I have been so fortunate to become friends with many of the names/brands we all know, and each time we chat we pass our musings onto you.
I keep looking to the future and all I see is a lifetime of great memories with equally great cigars. As for what’s next for
Cigar Law Interview on Dog Watch Cigar Radio
Thanks again to the good folks at www.dogwatchcigarradio.com for the interview. All the best.
30 Year Trademark Filings with "CIGARS" as listed Goods
Great Interview of Jorge Armenteros of Tobaccionist University on Dog Watch Cigar Radio
Cuban Cigars Advertised in Smoke Magazine?
Elle McPherson with Lucky Trademark Attorney
I received an email today from Canadian trademark attorney Paul W. Donovan with the above photo. Gee thanks Paul. Way to rub it in.
Camacho Cigars Appeals PTO's Denial of Trademark Registration for "PURO MADURO"
Smoke Magazine and www.solocigars.com Get the Gas Face
I've asked this question before .... why advertise goods that are not legally available in the US? The end is near? Is Smoke Magazine, http://www.solocigars.com and/or Habanos (or others) preparing the US consumer for the imminent arrival of real Cubans?
In any event, Smoke Magazine and http://www.solocigars.com get the Gas Face for the most blatant snub at the US Government's Embargo against Cuban goods. Whether you believe the Embargo is a good idea or not, it's currently the law.
By the way, the model is out of control hot. She also appears on www.solocigars.com. However, she is clearly not Cuban (either of the island or in exile). I just know these things. (picture to follow).
Meet the Bloggers Event in Seattle
It was truly an honor to be photographed alongside such long time trademark bloggers as John Welch of www.ttablog.com and Martin Schwimmer of The Trademark Blog.
Cigar Law in Seattle, Love the City, But No Place to Smoke
In any event, tonight cigarlaw will be attending the Fifth Annual "Meet the Bloggers" event. Thereafter, off to a small gathering of cigar loving trademark attorneys.
Big Thanks and Shout Out to DogWatch Cigar Radio
Mea Cuba (Culpa)
New Case on Section 2(e)(3) Geographically Deceptively Misdescriptive Trademarks
CUBITA v. CUBITA CAFE CUBANO CUBAN COFFEE MOLIDO GROUND
Patron Spirits Int'l AG v. Piloto Cigars, Inc. "PADRON"
1919 Opinion re "LA FLOR DE LA ISABELLA"
Buy A Cigar Law Shirt, Or I'll Turn This Car Around Right Now!
CUBITA v. CUBITA CAFE CUBANO CUBAN COFFEE MOLIDO GROUND
I know that this is not a cigar trademark dispute, but it is relevant to this blog in so much as the Cuban entity is represented by the law firm of RABINOWITZ, BOUDIN, STANDARD, KRINKSY & LIEBERMAN, P.C. This law firm represents (and has since the early days of the embargo) Cuba in its legal issues in the United States.
Readers may find interesting that the title of the biography of the founder of the firm, Victor Rabinowitz, is "Unrepentant Leftist: A Lawyer's Memoir".
DRAGON v. SILK DRAGON - Notice of Opposition
Miami's Magnate Files Request for Ext Time to File Opposition
Tobacco products, accessories, and smoking articles, namely, cigars, rolling papers for cigarettes and cigars made out of paper, rolling papers for cigarettes and cigars made out of tobacco, rolling papers for cigarettes and cigars made out of cellulose, rolling tobacco for cigarettes and cigars, pre-rolled tobacco shells, tobacco sheets, smoking tobacco, chewing tobacco, snuff, pipe tobacco, roll your own tobacco, and cigarette papers.
The application was filed by Durfort Holdings, S.A.
Track the Florida Bill - More Taxes on Cigars
Track the bill through the Florida Senate and House here:
CS/CS/SB 1840 - Protecting Health/Surcharge on Tobacco Products [WPSC]
Senate 1840: Relating to Protecting Health/Surcharge on Tobacco Products [WPSC]
Cuba's Trademark Applications/Registrations Subject to Attack for Illusory "Intent-to-Use"?
Drew Estate's 2004 Fight Between "LA VIEJA HABANA" and "LA VIEJA CUBANA"
Drew Estate's Answer to Corporacion Habanos' Cancellation Action "LA VIEJA HABANA"
Cigar Law - Night at Havana 1959 Cigar Shop in Miami Lakes
Thanks Cigar Inspector
Puff.com Article - Indications of Origin
Friday, 10 April 2009
I am sitting at Gate 44 at the San Francisco airport waiting for my return flight to Miami. I spent the last few days at a trademark and internet law conference attended by ...See Full Article Here
Hottest Women in Cigar Industry: Annia Vazquez and Chistrian Forcade of Forcade Cigars
Annia Vazquezand her sister Chistrian Forcade provided Cigarlaw.com with this great write up about the history of Forcade Cigars:
Our roots with tobacco expand from five generations back when our great-grandfather, Thomas Novales, migrated from
Our great-grandfather continued the tradition to his seven children. The tobacco agriculture was part of growing up for our grandmother, Bienvenida Elena Novales, and her brothers and sisters. The four boys were in charge of maintaining the fields and the three girls would handle making of each tobacco with perfection. The Forcade family was a French family that also migrated to
As time passed, both having their own descendants, Bienvenida gave birth to Araceli Gonzalez, our mother, and Manolo had his son, Manolo Forcade Jr. Their children fell in love during their adolescence and together were able to continue the company that their ancestors had created, assuring the maintenance of the quality and freshness of a fine cigar.
The company is named after the Forcade family in memory of Manolo Forcade whom died at sea trying to pursue the dream of continuing the tradition in
Forcade Cigars produces "GIRALDA" brand cigars made by Don Pepin Garcia in Nicaragua under the Garcia Family Tabacalera.
Hottest Women in Cigar Industry: Amber Lee of Famous Smoke Shop
This selection for "Hottest Women in the Cigar Industry goes to:
Amber Lee, Advertising Assistant for Famous Smoke Shop in
This is definitely one of the hardest working women in the cigar industry. Through her online efforts in the world of Twitter, Facebook, and most likely other online communities, the world has been introduced to Famous Smoke Shop. And for those already familiar with Famous Smoke Shop, she provides a friendly and knowledgeable face to the company.
In her own words, Amber describes her job as working in the “marketing department of the world's best cigar retailer - Famous Smoke Shop! I'm basically the marketing team's dominatrix, meaning that I crack the whip to make sure that our writers and designers accomplish everything on their plates. They act like they don't like it, but I know they do. LOL”
Cigar Law learned about Amber through here ubiquitous Twitter and Facebook updates where she keeps us up to date on her local traffic, cigars that she is currently smoking, and music she enjoys. Her efforts are a perfect example how companies are now using the power of social networking to put a friendly face on their products and services and building goodwill in a non-traditional way.
Amber is not simply a person in the marketing department that is touting her company’s product and services, but rather is someone that actually enjoys the products she is marketing. In her own words, “I've been smoking cigars for a few years. I started out with mild and flavored cigars, but now prefer traditional, medium to full-bodied smokes. Some of my favorites are Famous Private Selection Nicaraguan Corojo, Rocky Patel Vintage '92, and pretty much anything by Don Pepin Garcia.”
Here’s a shout out to Amber Lee of Famous Smoke Shop, a wired/Internet savvy, cigar smoking, smart and friendly face for the cigar industry.
`FD > "20090000" and "cigars"[gs] WHAT THE HELL IS THIS?
Corporacion Habanos v. Santa Clara; SIGLO
Fuente Marketing, Ltd. v. Starbuzz Tobacco, Inc.; "X ON THE BEACH"
Drop Us A Line - Maybe We'll Send You A Cigar Law T-Shirt
Empressa Cubana v. US Dept. Treasury, OFAC
Big News in the Cigar Industry Today
Drew Estate's KUBA KUBA - PTO Continues to Say No to Registration
National Tabacco Co. v. BBK Tabacco "BLUNTARILLO"
BBK Tobacco v. Swedish Match "THE ORIGINAL SWAN VESTAS MADE TO THE HIGHEST QUALITY SINCE 1883"
National Go Out and Smoke A Cigar In Public Day!
Corporacion Habanos Files Reply In Support of 56(f) Motion In "HAVANA COLLECTION" Opposition
Corporacion Habanos' Beef with "SIGLO 21" Trademark Application
Corporacion Habanos Files Request for Ext. Time to File Opposition "SIGLO 21"
Corporacion Habanos Gives Up on "CUBAN COFFEE"
BENCHMADE v. BENCHMARK BY FAMOUS SMOKE SHOP
Either Famous Smoke Shop Chose To Give Up, Or They Dropped The Ball
Guantanamera Cigars Co. v. Corporacion Habanos; Southern District of Florida
Trademark Attorney's Dream/Nightmare Trademark
Cuba's Declaration of Excusable Non-Use of a Trademark to Maintain Registrations in U.S.
Altadis USA, Inc. Seeks Ext. of Time to Oppose Blunt Wrap USA, Inc.'s "MASTER"
This Trademark Examiner Gets It Right - PINAR DEL RIO
Pete Johnson's Motion for Summary Judgment "TATUAJE" v. "TATTOO"
Nicaragua Imports' Response to Pete Johnson's Motion for Summary Judgment
Nicaragua Imports' Additional Exhibits In Response to Motion for Summary Judgment
Pete Johnson's Notice of Opposition "TATUAJE" v. "TATTOO"
Nicaragua Imports' Answer to Pete Johson's Notice of Opposition
KUBA KUBA - Drew Estate's Very Creative Response to Office Action
Oliva Comes After Cigarmony's NUBBER Trademark Application
Cigars Int'l, Inc. v. Los Blancos Cigar Co., Inc.; MAN O' WAR v. GODS OF WAR - ARIES
Cigars Int'l Inc. v. Los Blanco Cigar Co.; MAN O WAR v. GODS OF WAR - MARTE
Saturday, January 24, 2009
Empresa Cubana del Tabaco a/k/a Cubataba's Application for Certification Mark for "HABANOS"
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/157193
DAVID B. GOLDSTEIN
RABINOWITZ, BOUDIN, STANDARD, KRINSKY &
111 BROADWAY FL 11
NEW YORK, NY 10006-1901
RESPOND TO THIS ACTION:
GENERAL TRADEMARK INFORMATION:
APPLICANT: Empresa Cubana del Tabaco a/k/a Cubataba ETC.
CORRESPONDENT’S REFERENCE/DOCKET NO:
CORRESPONDENT E-MAIL ADDRESS:
TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 8/21/2008
This Office action is in response to applicant’s communication filed on August 10, 2008.
Applicant seeks to register the designation “Habanos” as a certification mark used to indicate the geographical origin of cigars. The word “habano” (the plural being “habanos”) is translated as “Havanan, Havana, of Havana.” See: Larousse, Gran Diccionario English-Spanish Spanish-English Dictionary, XVII & 362 (1944) and The American Heritage Spanish Dictionary, 277 (2nd ed, 2001)(copies enclosed). “Habanos” also means “something from Havana”. See: Reference.com (on-line encyclopedia)(copy enclosed). Further, “Habano” is defined as a Havana cigar or Cuban cigar. See: the above definitions as well as the on-line guide by CigarAdvisor (copy enclosed).
A certification mark for a geographical location is used to certify that certain goods originate in the particular geographical region identified by the mark. Community of Roquefort v. William Faehndrich, Inc., 133 USPQ 633 (2nd Cir, 1962), and TMEP § 1306.02. In the present situation the designation “Habanos” indicates that cigars branded with applicant’s designation have their origin in the Province or City of Havana, Cuba, for Havana refers to both a Cuban province and city located therein. See: The Columbia Gazetteer of the World Online (2005)(copy enclosed). The certification statement, however, is defective because it indicates that the certification mark indicates that cigars identified with applicant’s designation have their geographical origin in Cuba and are made from Cuban grown tobacco. Correspondingly, the certification statement must be amended to indicate the geographical location from which the goods originate, and that is Havana.
Applicant bases this service mark application, in part, upon a Cuban trademark registration that indicates the designation “Habanos” identifies cigars grown in the country of Cuba using tobacco produced in Cuba. However, the mark for which registration is sought is “Habanos”, a geographical region in Cuba that does not identify the entire country. Because the mark sought to be registered indicates that cigars originate in a particular geographical region (that is, the Province of Havana), and the Cuban trademark registration upon which the application is based, in part, indicates that the designation “Habanos” identifies cigars grown in all parts of Cuba, the mark geographically misdescribes the goods. Correspondingly, the following is instituted:
Registration is refused because the applied-for mark consists of or includes geographically deceptive and primarily geographically deceptively misdescriptive matter in relation to the identified goods and/or services. Trademark Act Sections 2(a) and 2(e)(3), 15 U.S.C. §1052(a), (e)(3); see In re Les Halles De Paris J.V., 334 F.3d 1371, 67 USPQ2d 1539 (Fed. Cir. 2003); In re Cal. Innovations Inc., 329 F.3d 1334, 66 USPQ2d 1853 (Fed. Cir. 2003), In re Budge Mfg. Co., 857 F.2d 773, 8 USPQ2d 1259 (Fed. Cir. 1988); TMEP §§1210, 1210.01(b)-(c).
A mark is geographically deceptive and primarily geographically deceptively misdescriptive if the following is shown:
(1) The primary significance of the mark is a generally known geographic place or location;
(2) The goods for which applicant seeks registration do not originate in the geographic place identified in the mark;
(3) Purchasers would be likely to make a goods-place association; that is, purchasers would be likely to believe that the goods originate in the geographic place identified in the mark; and
(4) The misrepresentation regarding the geographic origin of the goods is material to the purchaser’s decision to buy the goods or use the services in question.
In re Les Halles De Paris J.V., 334 F.3d 1371, 1373, 67 USPQ2d 1539, 1541 (Fed. Cir. 2003); In re Cal. Innovations Inc., 329 F.3d 1334, 1341, 66 USPQ2d 1853, 1859 (Fed. Cir. 2003); TMEP §1210.01(b)-(c).
Applicant seeks to register the designation “Habanos” for a certification mark for cigars. As was noted above, the word “Habanos” is variously defined. It is defined as “Havanan” or “of Havana” or “something from Havana”. “Habanos” is also defined as a Havana cigar or a cigar, in general. Further, applicant’s service mark registration, upon which this application is based, indicates that the cigars certified are produced over the entire country of Cuba using Cuban cigar tobacco. This evidence shows that the cigars covered by the service mark application are not exclusively produced in the Province of Havana and the designation “Habanos” is used as the generic name for cigars. Correspondingly, “Habanos” primarily signifies a type of cigar made either in Cuba or outside Cuba, without regard to the regional origin identified by the name, rather than a mark of certification. Since “Habanos” is a descriptive name of a particular type of cigar and does not identify a geographical location from which particular cigars originate, the refusal to register because “Habanos” does not act as a certification mark is maintained. Trademark Act § 2(e)(1). See: In re Cooperativa Produttori Latte E Fontina Valle D’Acosta, 230 USPQ 131 (TTAB, 1986), and Tea Board of India v. Republic of Tea Inc., 80 USPQ2d 1881 (TTAB, 2006).
Applicant submitted August 10, 2008, a certification signed by the General Director of the Cuban Office of Industrial Property indicating that as of January 27, 2003, the owner of the Cuban service mark registration upon which this application is based had relocated and that the registration was in full effect at that time. It is noted that the term of a Cuban trademark registration, which is ten years, commences on the filing date of the application, once the underlying mark is registered, and may be renewed for successive 10 year periods. See: Trademarks Throughout The World, § 39.20 (2008)(copy enclosed). Applicant’s service mark in Cuba was registered December 4, 1967. Correspondingly, with the proper renewals, the registration would have expired December 4, 2007. Although the General Director’s statement that the registration was in effect on January 27, 2003, was correct, the statement has little bearing upon the renewal of the registration.
It appears that the foreign registration on which this application is based, in part, expired on December 4, 2007. The foreign registration must be in force at the time the United States issues a registration based on that foreign registration. In re Societe D’Exploitation de la Marque Le Fouquet’s, 67 USPQ2d 1784 (TTAB 2003).
Therefore, applicant must submit a certificate of renewal or other certification from the intellectual property office of the foreign country, or a copy of the foreign registration that shows that the foreign registration has been renewed and will be in force at the time the registration issues in the United States. 37 C.F.R. §2.34(a)(3)(iii); TMEP §1004.01(a).
/David C. Reihner/, Examining Attorney
Law Office 111, 571-272-9392
GODS OF WAR - MARTE; Answer to Opposition
CARMELO v. DON CARMELO, The latter gives up ...
Sabor Havana Cigars' Upcoming Events in South Florida
buy 3 Gran Habano cigars and get 1 FREE Gran Habano cigar with a raffle ticket.
The item we will be raffling the day of the event is a custom made Gran Habano humidor that will contain 80 premium cigars from our Cabinet Selection line. The cigars will come in 4 different sizes Gran Robusto 6x54, Robusto 5x52, Grand Consul 4 3/4x60, Churchill 7x48.
Event Date: February 27, 2009 & Raffle Day March 20, 2009 3pm- 6pm
Sabor Havana Cigars Coral Gables 2309 Ponce De Leon Blvd. Coral Gables, Florida
Event Date: Raffle Day April 3, 2009 5pm- 8pm
Sabor Havana Cigars Sunset 9891 Sunset Drive Miami, Florida
Event Date: Raffle Day April 17, 2009 5pm- 8pm
Sabor Havana Cigars Doral 2600 NW 87th Ave Doral, Florida
Event Date: Raffle Day April 24, 2009 5pm- 8pm
Sabor Havana Cigars West Palm Beach 4530 PGA blvd. Palm Beach Gardens, Florida
Cigar Law is Moving to WordPress
Mike's Cigar Distributors v. United Tobacco Distributors, Inc.; Opposition to "CUBAO"
Cigars Intl' Inc., v. Bidwell Cigar, Inc.; Opposition to "CALLE OCHO"
Bidwell's Answer to Cigars Intl Inc.'s Opposition to CALLE OCHO
Top Tobacco, L.P. v. Jonathan Drew, Inc.; Opposition to KRUSH CLASSIC
Jonathan Drew, Inc.'s Answer to Opposition Re: KRUSH CLASSIC
Corporacion Habanos' Response to Office Action Re: Certification Mark for "HABANOS"
Not New, But Very Informative ... Corporacion Habanos v. Superior Cigars
The Trademark Examiner Assigned to This Application Apparently Does Check Wikipedia.
Response to Office Action Letter by PINAR DEL RIO 1941
What Is Going On At the USPTO?
Details of SCHIP Tax
President's Day ... yes, there is a Presidente Cigar
|Word Mark||P PRESIDENTE CIGARS|
|Translations||The foreign wording in the mark translates into English as PRESIDENT CIGARS.|
|Goods and Services||IC 034. US 002 008 009 017. G & S: Cigars. FIRST USE: 19990100. FIRST USE IN COMMERCE: 19990100|
|Mark Drawing Code||(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS|
|Design Search Code||01.03.03 - Stars grouped in circles, ovals, or geometric figures|
05.15.02 - Laurel leaves or branches (borders or frames); Wreaths
26.01.09 - Circles having animals as a border; Circles having geometric figures as a border; Circles having humans as a border; Circles having objects as a border; Circles having plants as a border; Geometric figures, objects, humans, plants or animals forming or bordering the perimeter of a circle.
26.01.18 - Circles, three or more concentric; Concentric circles, three or more; Three or more concentric circles
|Filing Date||September 1, 2006|
|Current Filing Basis||1A|
|Original Filing Basis||1A|
|Owner||(APPLICANT) Danli Tobacco Shop, Inc. CORPORATION FLORIDA 1935 W Flagler Street Miami FLORIDA 33135|
|Disclaimer||NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE CIGARS APART FROM THE MARK AS SHOWN|
|Description of Mark||Color is not claimed as a feature of the mark.|
|Type of Mark||TRADEMARK|