German Court: Non-Cuban Companies Prevented From Using “Habano” & “Cubano”

Habanos S.A., the Cuban cigar giant, says that it has won the legal fight over whether its competitors are allowed to use terms like “habano” and “cubano” in Germany to describe their products.

The legal dispute started in 2020 when the company went to a court in Munich to argue that other companies’ use of the terms like “habano” and “cubano”—the latter as part of a seed varietal known as piloto cubano—violated the geographical indications—alternatively known as geographical appellations—protections that the country enjoys for cigars. The question is whether German law would allow for a company to use terms like Cuba—or its derivatives—and Habana—or its derivatives—to describe a cigar that was not made in Cuba.

While the court records have not been released, Habanos S.A. says that it has been victorious in various lower courts in Munich. Most recently, the Bundesgerichtshof—Germany’s highest civil court—upheld the previous rulings.

What this means remains to be seen, but it’s likely that other companies will stop using words like cubano, cubra, and habano on both packaging and marketing materials in Germany. Whether a non-Cuban cigar company manufacturer realizes it may be running afoul of the German court rulings is one thing, but the German importers and distributors are likely to be keenly aware of the issue, especially as Habanos S.A. is known for being litigious.

Even in the United States, where it cannot sell its products due to the embargo against Cuban goods, Habanos S.A. has been involved in many legal disputes over names and trademarks. Most notably, for more than 25 years, the company has been embroiled in legal disputes with General Cigar Co. over the Cohiba trademark in the U.S. That fight remains ongoing. It has also gone after companies, like XIKAR, for trying to register the name “Havana Collection.”