Bacardi and Co (“Bacardi”) have lost a claim it brought against US Patent and Trademark Office (“USPTO”) in the Virginia federal court over the USPTO’s decision to revive Cubaexport’s lapsed trade mark registration.
Back in January, we reported on the dispute between Bacardi and the USPTO, which continued a decades-long dispute over the Havana Club rum brand between Bacardi and Cubaexport. The court decided Bacardi could not sue the USPTO separately but must challenge the trade mark directly through the USPTO.
A lawyer for Bacardi has said the company is disappointed with the decision and is considering its options in terms of an appeal. Bacardi is concerned its pending application to register its own “Havana Club” mark will likely be refused as a result of the mark owned by Cubaexport.
Bacardi and Cubaexport remain parties to a dispute in Washington D.C federal court over the Havana Club trade mark. The dispute has been pending since 2004.
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