Havana Club Trademark Renewal Faces New Legal Hurdles

Cubaexport's U.S. trademark registration for Havana Club rum is scheduled for renewal by July 27, 2026. The filing occurs against the backdrop of the No Stolen Trademarks Honored in America Act, enacted in late 2024, which restricts federal agencies from protecting marks tied to confiscated foreign property.

A recent Fourth Circuit decision upheld USPTO actions regarding a late renewal fee from 2005, but the new statute now bars approval of the pending renewal. Bacardi, which sells Havana Club rum in the U.S. under rights acquired from the original Cuban family owners, has publicly stated the law prohibits granting the renewal.

The underlying registration stems from the 1960s confiscation of the Arechabala family's distillery by the Cuban government. Courts and the Supreme Court have addressed related issues of confiscated property in prior rulings.

The USPTO Director has been urged to address excusable nonuse provisions in the TMEP that have permitted continued registration despite the embargo preventing lawful U.S. sales.