Momentum to lift the U.S. trade embargo against Cuba appears to be gathering steam, since President Barack Obama has taken office. A simple removal of trade restrictions would do more harm than good, however, as there are a number of issues to be sorted out before that can happen. One of those issues that impacts a number of industries, including the cigar business, is how to resolve conflicting trademark claims in the U.S. and Cuba.

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Many companies claiming the trademarks of Cuban-origin products have had to fight the Cuban government in Congress and in U.S. (and sometimes international) courts for years. To this day, some are still battling it out in the legal system to be legitimately recognized as the rightful trademark owner.

An August Associated Press report summed up the dilemma best: “But the battles are about so much more than brand names. They are charged with 50 years of emotion over Fidel Castro’s 1959 revolution and expropriation of private companies as he implemented socialism. They are also rooted in the future as U.S. corporations face the specter of new competition from Cuban products, which may carry a special allure after being banned for nearly a half century.”

The real argument, the AP goes on to say, is over who can rightfully claim to produce and sell authentic Cuban rum, for example — or cigars or coffee, or whatever the case may be —  especially if Cuba’s markets suddenly open up to global commerce.

The exiled Cuban tobacco families who later sold the U.S. trademark rights to their brands have received compensation and royalties for decades from their U.S. partners. However as part of their original agreement to sell their rights, certain of these families stipulated that once the U.S. could resume sales in Cuba, they would receive additional restitution. Many things have to happen for full restitution to be a reality, not the least of which is allowing those currently legally recognized trademark holders to have fair access to Cuban land and to be able to manufacture cigars using authentic Cuban tobacco leaf. Until then, all eyes will be on Washington as Congress continues to debate the issue, and we start to see the results of the recent small steps taken to ease trade restrictions.