Corporacion Habanos, S.A. v. Anncas, Inc.

88 U.S.P.Q.2d 1785 (2008)

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Corporacion Habanos, S.A. v. Anncas, Inc.

Trademark Trial and Appeal Board
88 U.S.P.Q.2d 1785 (2008)

Facts

Corporacion Habanos, S.A. (Habanos) (plaintiff) had registered with the United States Patent and Trademark Office (USPTO) the trademark “HABANOS UNICOS DESDE 1492” (translated as “Unique Havana Cigars since 1492”) for its cigar products that were of 100 percent Cuban origin. Anncas, Inc. (Anncas) (defendant) applied to the USPTO for registration of the mark “HAVANA CLUB,” which it used on its cigars made with Cuban seed tobacco. Habanos petitioned the Trademark Trial and Appeal Board (TTAB), opposing the registration of Anncas’s mark. Habanos argued that Anncas’s mark was primarily geographically deceptively misdescriptive under § 2(e)(3) of the Lanham Act and should be barred from registration.

Rule of Law

Issue

Holding and Reasoning (Hairston, J.)

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