![\"Cuba\"](\"https:\/\/www.zigarren.zone\/wp-content\/uploads\/2019\/05\/Cuba-01-1024x588.jpg\")
Designations such as \u201eCuba\u201c and \u201eHavana\u201c are not permitted for cigars made from non-Cuban tobaccos. A recent court judgement by Munich Regional Court confirms this once again. The court judgement concerns Germany.<\/p>\n\n\n\n
Following an action brought by Corporaci\u00f3n Habanos S.A., the Munich Regional Court has once again confirmed in a recent judgement that \u201eCuba\u201c and \u201eHavana\u201c and derivatives thereof are geographical indications of origin with a special reputation in relation to tobacco and cigars and may only be used in trade in Germany for cigars made from tobaccos that actually originate from Cuba.<\/p>\n\n\n\n
According to the grounds of the judgement, the terms \u201eCuba\u201c and \u201eHavana\u201c have a special meaning for the highest tobacco enjoyment from the famous island and therefore enjoy the extended trademark protection of geographical indications of source with a special reputation. As the court explained, the island and its capital Havana do not only stand for an attitude to life and are not only representative of cigar enjoyment. <\/p>\n\n\n\n
Rather, these designations in relation to cigars and their components have a corresponding reputation in terms of quality due to the quality and selection of the processed tobaccos and due to the type of production. The buyer of such cigars - just like a considerable proportion of non-smokers - associates a particular prestige with the designations.<\/p>\n\n\n\n
The court deals in detail with designations such as \u201eCuban Seed\u201c, \u201cPiloto Cubano\u201e or \u201cHabano wrapper\" and considers these to be inadmissible even if cigars are produced outside the island with formerly Cuban seeds and possibly with comparable manual labour. This is because the court states that the special reputation of Cuban cigars is not only determined by the method of production or the place of origin of the tobacco seeds, but that the quality of the tobacco is also and in particular characterised by the regional growing conditions such as climate, rainfall and soil. <\/p>\n\n\n\n
The so-called \u201eterroir\u201c characterises the growing regions on the island regionally - and not personally. Also because tobacco is an annual plant, the quality is determined less by the origin of the seed and more by the local growing conditions.\u00a0<\/p>\n\n\n\n
In the opinion of the court, designations such as \u201eCuban Seed\u201c, \u201cPiloto Cubano\u201e or \u201cHabano wrapper\" unfairly impair this special reputation without justification.<\/p>\n\n\n\n
In its grounds for judgement, the court also refers to previous case law and confirms this as a result. The judgement is not yet final.
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We (5TH Avenue Products, editor's note) have long been convinced that references to alleged or supposedly original \u201eCuban seeds\u201c are of little help to cigar smokers. Tobaccos are annual plants and adapt strongly to soils and climatic conditions, with the same seed developing very different characteristics in different growing areas within a short period of time.\u00a0<\/p>\n\n\n\n
Genuine Cuban seeds have been bred exclusively for Cuban tobacco production for many decades and are not exported. Added to this are a unique tradition of craftsmanship and unrivalled knowledge of the secrets of the best cigars. There are many reasons for Cuba's special reputation for tobacco and cigars.<\/p>\n\n\n\n