For International Class 035, the mark is in use in commerce on or in connection with all goods or services
listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse
claim.
The owner is submitting one specimen showing the mark as used in commerce on or in connection with
any item in this class, consisting of a(n) See Excusable Non-Use Explanation, below..
Specimen File1
The following explanation of excusable non-use has been made of record: 1. The mark, LA CASA DEL
HABANO and design (the “MARK”), is currently in use in commerce in Cuba and in numerous other
countries, but is not currently in use in the United States. 2. This mark is not in use in commerce in the
United States solely because any such use is prohibited by the United States Treasury Department’s
Cuban Assets Control Regulations, 31 C.F.R. 515.201(b). These regulations implement the United States’
trade and financial embargo against Cuba and Cuban nationals. They prohibit, inter alia, the importation of
any goods in which Cuba or any Cuban national has any interest of any nature whatsoever, direct or
indirect; prohibit the transfer of any property or property interest, including the licensing of trademarks,
from any Cuban national to any person subject to the jurisdiction of the United States; and prohibit any
payment to Cuba or a Cuban national. Thus, the Cuban Assets Control Regulations prohibit EMPRESA
CUBANA DEL TABACO a Cuban national, 31 C.F.R. 515.302(a)(2), from using the mark the MARK in
commerce in the United States, and therefore the MARK has not been used in commerce in the United
States. 3. The Regulations explicitly provide that Cuban entities can register trademarks in the United
States, 31 CFR § 515.527(a)(1), despite the fact that the Regulations also prohibit these entities from using
the marks in commerce in the United States. Thus, this indicates that the intent of the United States is to
provide protection to the trademarks of Cuban businesses during the period of time that trade between
Cuba and the United States is prohibited, and that the United States does not intend for the embargo to be
permanent. 4. EMPRESA CUBANA DEL TABACO intends to sell and transport goods using this mark in
the United States as soon as the above-cited prohibition is lifted. That EMPRESA CUBANA DEL
TABACO is currently using the mark in trade in other countries, where there are no prohibitions on trade,
demonstrates that it has the requisite intent to use the mark in commerce, has not abandoned the mark and
is not merely seeking to reserve a right in the mark. 5. The special circumstance of the trade embargo with
Cuba excuse as a matter of law EMPRESA CUBANA DEL TABACO’s nonuse of the mark, as the
nonuse is not due to any intention to abandon the mark. 6. The foregoing factors consistently have been
deemed by the USPTO to excuse non-use. Similar declaration of excusable non-use have been accepted
for other Cuban cigar marks registered by EMPRESA CUBANA DEL TABACO, including for La Casa
del Habano, Reg. No. 1970911, on September 7, 2005; Quai d'Orsay, Reg. No. 1653845, on August 19,
2001; La Perla, Reg. No. 2,128,050, on February 25, 2004; Cohiba design, Reg. No. 2,145,804, on
October 17, 2003; and Edmundo Dantes, Reg. No. 1,957,322, on August 30, 2001, and August 18, 2005.
Similar declarations of excusable non-use also have been accepted for other Cuban marks, including on
April 7, 2005 for the mark Habana Habana Cuba, Reg. No. 2,202,488; on September 13, 2003 for the
mark La Vigia, Reg. No. 2,110,538; and on March 23, 2004 for the mark Habanos Unicos Desde 1492,
Reg. No. 2,177,837.
For International Class 042, the mark is in use in commerce on or in connection with all goods or services
listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse
claim.
The owner is submitting one specimen showing the mark as used in commerce on or in connection with
any item in this class, consisting of a(n) See Excusable Non-use Explanation, below..
Specimen File1
The following explanation of excusable non-use has been made of record: 1. The mark, LA CASA DEL
HABANO and design (the “MARK”), is currently in use in commerce in Cuba and in numerous other
countries, but is not currently in use in the United States. 2. This mark is not in use in commerce in the
United States solely because any such use is prohibited by the United States Treasury Department’s
Cuban Assets Control Regulations, 31 C.F.R. 515.201(b). These regulations implement the United States’
trade and financial embargo against Cuba and Cuban nationals. They prohibit, inter alia, the importation of
any goods in which Cuba or any Cuban national has any interest of any nature whatsoever, direct or
indirect; prohibit the transfer of any property or property interest, including the licensing of trademarks,
from any Cuban national to any person subject to the jurisdiction of the United States; and prohibit any
payment to Cuba or a Cuban national. Thus, the Cuban Assets Control Regulations prohibit EMPRESA
CUBANA DEL TABACO a Cuban national, 31 C.F.R. 515.302(a)(2), from using the mark the MARK in
commerce in the United States, and therefore the MARK has not been used in commerce in the United
States. 3. The Regulations explicitly provide that Cuban entities can register trademarks in the United
States, 31 CFR § 515.527(a)(1), despite the fact that the Regulations also prohibit these entities from using
the marks in commerce in the United States. Thus, this indicates that the intent of the United States is to
provide protection to the trademarks of Cuban businesses during the period of time that trade between
Cuba and the United States is prohibited, and that the United States does not intend for the embargo to be
permanent. 4. EMPRESA CUBANA DEL TABACO intends to sell and transport goods using this mark in
the United States as soon as the above-cited prohibition is lifted. That EMPRESA CUBANA DEL
TABACO is currently using the mark in trade in other countries, where there are no prohibitions on trade,
demonstrates that it has the requisite intent to use the mark in commerce, has not abandoned the mark and
is not merely seeking to reserve a right in the mark. 5. The special circumstance of the trade embargo with
Cuba excuse as a matter of law EMPRESA CUBANA DEL TABACO’s nonuse of the mark, as the
nonuse is not due to any intention to abandon the mark. 6. The foregoing factors consistently have been
deemed by the USPTO to excuse non-use. Similar declaration of excusable non-use have been accepted
for other Cuban cigar marks registered by EMPRESA CUBANA DEL TABACO, including for La Casa
del Habano, Reg. No. 1970911, on September 7, 2005; Quai d'Orsay, Reg. No. 1653845, on August 19,
2001; La Perla, Reg. No. 2,128,050, on February 25, 2004; Cohiba design, Reg. No. 2,145,804, on
October 17, 2003; and Edmundo Dantes, Reg. No. 1,957,322, on August 30, 2001, and August 18, 2005.
Similar declarations of excusable non-use also have been accepted for other Cuban marks, including on
April 7, 2005 for the mark Habana Habana Cuba, Reg. No. 2,202,488; on September 13, 2003 for the
mark La Vigia, Reg. No. 2,110,538; and on March 23, 2004 for the mark Habanos Unicos Desde 1492,
Reg. No. 2,177,837.
The registrant hereby appoints David B. Goldstein of Rabinowitz, Boudin, Standard, Krinsky &
Lieberman, PC
111 Broadway, 11th Floor
Rabinowitz, Boudin et al., PC
New York, New York 10006-1901
United States
to file this Combined Declaration of Use In Commerce & Application For Renewal of Registration of A
Mark Under Sections 8 & 9 on behalf of the registrant.
A fee payment in the amount of $1000 will be submitted with the form, representing payment for 2
class(es), plus any additional grace period fee, if necessary.
Declaration
The undersigned being hereby warned that willful false statements and the like are punishable by fine or
imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like
may jeopardize the validity of this document, declares that he/she is properly authorized to execute this
document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all
statements made on information and belief are believed to be true.