Appeals Court Backs Cubaexport in Havana Club Trademark Dispute

The U.S. Court of Appeals for the Fourth Circuit upheld a lower court’s decision, confirming that the U.S. Patents and Trademark Office acted within its authority when it accepted Cubaexport’s renewal filing. The conflict centers on a 2005 application that initially stalled because Cubaexport lacked a necessary Treasury Department license to pay the required fees. After securing that authorization from the Office of Foreign Assets Control in 2015, the USPTO retroactively validated the original filing.

Bacardi challenged the move, asserting that the trademark had expired and that the USPTO failed to provide a sufficient legal justification for the renewal. The three-judge panel dismissed these claims, noting that the OFAC license effectively cleared the legal hurdles that had previously rendered the filing incomplete. The court characterized the USPTO director’s reasoning as brief but adequate, effectively ending Bacardi’s attempt to invalidate the state-owned firm’s claim.

Bacardi expressed frustration with the ruling, labeling the decision a 10-year grace period for a trademark they maintain was stolen. The company signaled its intent to continue the fight, arguing that an upcoming renewal application should be blocked under the No Stolen Trademarks Honored in America Act, signed into law in 2023. For now, the legal landscape surrounding one of the world’s most recognizable rum brands remains firmly in the hands of the Cuban government.