Top Takeaways:

• General Cigar appeals Judge Brinkema’s May 7 decision upholding cancellation of its U.S. Cohiba trademark and allowing TTAB to proceed.
• Court confirms Cuban rights The ruling was grounded in treaty protections (Pan-American and Inter-American conventions) and evidence that CubaTabac used Cohiba before General’s 1978 registration
• General Cigar’s federal registrations remain enforceable during the appeal and its common-law rights allow continued U.S. sales

In a significant development in a nearly three-decade legal battle, General Cigar Company has formally appealed a district court ruling that supported cancellation of its U.S. Cohiba trademark and allowed the U.S. Trademark Trial and Appeal Board (TTAB) to move forward.

The dispute stems from Cuban state-owned Cubatabaco’s claim over the Cohiba trademark. Judge Leonie Brinkema, overseeing the case in the Eastern District of Virginia, ruled in favor of Cubatabaco, the government-controlled arm of the farming and manufacturing of Cuban cigars, on May 7, finding General had knowledge of the Cuban brand’s existence before registering the mark in March 1978.

Under U.S. law and international treaties—the Pan-American and Inter-American conventions—imports of Cohiba cigars first registered in Cuba were acknowledged as legally protected, regardless of the ongoing U.S. embargo.

The court determined that General’s trademark application came nearly six years after Cubatabaco filed its own Cuba-based registration in 1969, triggering treaty obligations that outweighed the embargo’s restrictions .

Despite the setback, General Cigar is not conceding. In a public statement, Régis Broersma, Chief Commercial Officer of parent company Scandinavian Tobacco Group, said, “We are of course disappointed by this decision…but our federal trademark registrations…remain valid and enforceable during a pending appeal. We expect the long dispute to continue before the courts.”

Indeed, the appeal does not immediately affect General’s right to sell its “Red Dot” Cohiba cigars—made in the Dominican Republic—thanks to its common-law. However, the ruling clears the way for Cubatabaco to register its Cohiba marks in the U.S., a move that could impact future use.

The saga began in 1997, when Cubatabaco first filed suit to challenge General’s U.S. rights. In a back-and-forth legal history, both companies have secured courtroom victories and setbacks.

The 2005 Supreme Court refusal to review earlier decisions reaffirmed General’s trademark under a different legal theory—leaving a window open for CubaTabac to continue its challenge.

For an industry already navigating tariff pressures and shifting consumer preferences, the dispute shines a spotlight on the enduring value of iconic cigar brands. Analysts warn that a final court decision granting Cubatabaco registration could require General to rebrand or update packaging for its domestic Cohiba products.

Next Steps:

• Fourth Circuit review: The court will now examine whether the TTAB cancellation and district court ruling stand.
• Potential rebranding: General may need to prepare contingency strategies if forced to drop “Cohiba” from U.S. markets.
• Global trademark strategy adjusted: Companies may reassess domestic trademark registrations to avoid similar future conflicts.

The ongoing Cohiba trademark case remains a touchstone for legal rights, brand heritage, and treaty enforcement in the global tobacco industry—one key decision away from permanently reshaping the U.S. cigar landscape.