New U.S. Law Fuels Battle Over Havana Club Rum Ownership

President Joe Biden recently signed the “No Stolen Trademarks Honored in America Act” into law, solidifying Bacardi’s claim to the iconic Havana Club rum trademark. The legislation prohibits U.S. courts from recognizing trademarks confiscated by the Cuban government since the 1959 Cuban Revolution. This decision strengthens Bacardi’s rights and could block Cubaexport, Cuba’s state-owned company, and its French partner Pernod Ricard from asserting claims to the Havana Club brand in the U.S.

The Stakes of a Trade Embargo

Although Cuba cannot currently export rum to the United States due to the decades-long trade embargo, Havana and Pernod Ricard emphasize the importance of retaining their trademark rights. They see this as a strategic move in case the embargo lifts in the future.

The Cuban government, however, has criticized the new law, calling it a violation of international norms. “Once again, the United States government provides space for the dark interests of the most aggressive anti-Cuban sectors,” stated Havana in response.

Bacardi’s Fight for Ownership

Bacardi, exiled from Cuba after the 1959 revolution, has long argued that the Cuban government unlawfully seized the Havana Club brand and its distilleries in 1960. Despite these claims, Cuba has maintained its rights to the trademark and successfully marketed Havana Club globally—excluding the U.S., where the embargo has been in place since 1962.

The trademark dispute escalated in 1995 when Bacardi began selling its own version of Havana Club rum in the U.S., challenging Cubaexport’s claim.

A Growing Industry Fuels the Conflict

The rum industry’s rapid growth adds fuel to the ongoing legal battle. Research and Markets, a Dublin-based consultancy, predicts the global rum market will expand from $19.1 billion in 2024 to $32.2 billion by 2031, with an average annual growth rate of 7.7%.

Cubaexport had its Havana Club trademark renewed by the U.S. Patent and Trademark Office (USPTO) in 2016, but the new law may complicate its next renewal in 2026.

Lobbying and Political Dynamics

John Kavulich, director of the Cuba-U.S. Trade and Economic Council, described the law as a cost-effective lobbying win for Bacardi. “The complete lack of opposition from even the most vocal supporters of re-engagement with Cuba in Congress was significant,” he told AFP.

Following the Obama administration’s brief thaw in U.S.-Cuba relations (2009–2017), tensions rose under Donald Trump and remained steady during Biden’s presidency. With the possibility of Trump’s return, U.S.-Cuba relations may face further strain.

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Source of information

France24’s Article: New twist in US-Cuba trademark fight over Havana Club rum

The image of the article is courtesy of © Augustas etkauskas vaizdai via Canva.com