Diapositiva 1

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Geographical Indications and Trademarks Combined
Efforts for a Stronger Product Identity The
Experience of Cuban Cigar Trademarks and
Geographical Indications
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Some of the Differences between Trademarks and
Geographical Indications
1.The trademark distinguishes only the objects
that are sold by one producer from those that are
marketed by others. Geographical Indications
show the similarities of a group of products and
differentiate them from others that cannot
benefit from them.
2.Trademarks arose from the creative genius of
man, while Geographical Indications are due to
the existence of human and natural factors.
3. Previous social recognition.
Geographical Indications are not created they
are there, in nature, and the characteristics
differentiating them should already be recognized
before the idea and need for their protection
arise.
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Points of Contact between Trademarks and
Geographical Indications
1. Both are distinctive symbols.
2. Both differentiate some products from others.

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Agglutinating Element
Geographical Indications are objectively
recognized in the identification of certain
products coming from a region, city or country
where there are certain natural and human factors
which make them different from others, but those
products finally reach the market identified by a
trademark.
The Geographical Indications and trademarks reach
the market together, through a product which
promotes the coincidence of both.
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The Cuban Tobacco Appellations of Origin
Film 1492
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Why Habanoss quality?
The quality of the Habano comes from a
combination of Four Factors.
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The Soils
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The varieties of the kinds of Cuban black Tobacco
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The climate
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Know How of our Farmers and Cigar-Rollers
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Five different types of leaves are required to
make a Habano
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Measures to protect the prestige of Cuban Cigar
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HABANA
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HABANO
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The creation of the National Warranty Seal of
Origin, in 1912, to protect the products Cuban
origin
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The creation of the National Commission of
Advertising and the Defence of Habano Cigars, in
1927
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The signing of bilateral agreements with several
countries to protect our Appellations of Origin.
Germany 1954
France 1929
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Revista Tabacalera Habanos 1935
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Lisbon Agreement
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The legal offensive to protect our appellation of
origin began in 1981

• Lawsuits were brought in Europe, our main market.

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France - Cubanitos
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Other litigations
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Marketing Strategy linked to the Protection of
Denominations of Origin
Communications Strategy based on the Habano
appellation of origin

• because it is a unique product
• the Habano appellation of origin had to be
  protected against the danger of becoming a
  generic term and,
• because it is a term applied to all of the
  cigars made in Cuba.

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1991. Logo Habanos
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1991. It was established a unique corporate image
of our Appellation of Origin Habanos.
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1993. Stick Habanos


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Our Trademarks
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TRADEMARK CLASSIFICATION
1. According to the period of creation
1.1 Pre-Revolution Trademarks


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1.2 Post-Revolution Trademarks


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2. According to the importance in the market
2.1 Global Trademarks
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2.2 Multilocal Trademarks
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2.3 Local Trademarks
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2.4 Niche Trademarks


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VUELTA ABAJO
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VUELTA ARRIBA
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The Defense of Cuban Cigar trademarks
COHIBA The most frequently attacked
The infringements Trademark applications and/or
uses of brands that are phonetically or visually
the same or similar.
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Examples of COHIBAs infringements
Similar Words
Similar Designs
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Foreign Courts (in Spain, France, Dominican
Republic, Mexico and Taiwan) have recognized
that COHIBA is a well known trademark.
The main Decision was the judgment of the
Southern District Court of New York on March 6,
2004
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The most important thing to take into
consideration in this kind of infringement
when somebody uses a trademark linked with an
appellation of origin, it is also counterfeiting
the appellation of origin.
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Who influences to Whom?
Does the Trademark influence the Geographical
Indication , or viceversa?
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Generally, geographical indications influence
trademarks
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Trademarks which are related to geographical
indications may be considered privileged
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CANEY
SIBONEY
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Both strategies should be very linked
The Trademark strategy
The Geographical Indication strategy
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From the point of view of communication, we will
continue in two ways
(1) To maintain our institutional campaigns
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(2) Advertising our trademarks including the
Appellation of Origin Habanos stick.
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Adargelio Garrido Legal Counselor Habanos, S.A.