PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

Combined Declaration of Use In Commerce & Application For

Renewal of Registration of A Mark Under Sections 8 & 9

The table below presents the data as entered.

Input Field Entered
REGISTRATION NUMBER 2212119
REGISTRATION DATE 12/22/1998
SERIAL NUMBER 75151529
MARK SECTION
LA CASA DEL HABANO (stylized and/or with
MARK
design)
OWNER SECTION (current)
NAME EMPRESA CUBANA DEL TABACO
STREET O'Reilly No. 104
CITY Ciudad La Habana
COUNTRY Cuba
ATTORNEY SECTION (current)
NAME MICHAEL KRINSKY
FIRM NAME Rabinowitz, Boudin, Standard, Krinsky &
INTERNAL ADDRESS 111 Broadway, 11th Floor
STREET Rabinowitz, Boudin, Standard, Krinsky &
CITY New York
STATE New York
POSTAL CODE 10006-1901
COUNTRY United States
PHONE (212) 254-1111
FAX (212) 674-4614
EMAIL
EMAIL dgoldstein@rbskl.com
ATTORNEY SECTION(proposed)
NAME David B. Goldstein
Rabinowitz, Boudin, Standard, Krinsky & Lieberman,
FIRM NAME
PC
INTERNAL ADDRESS 111 Broadway, 11th Floor
STREET Rabinowitz, Boudin et al., PC
CITY New York
STATE New York
POSTAL CODE 10006-1901
COUNTRY United States
PHONE (212) 254-1111
FAX (212) 674-4614
EMAIL dgoldstein@rbskl.com
AUTHORIZED TO COMMUNICATE
VIA E-MAIL
Yes

DOMESTIC REPRESENTATIVE SECTION (new)

NAME Michael Krinsky
STREET 111 Broadway, 11th Floor
CITY New York
STATE New York
POSTAL CODE 10006
COUNTRY United States
PHONE 212 254 1111
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 035
GOODS OR SERVICES KEEP ALL LISTED

SPECIMEN FILE NAME(S)

\\TICRS2\EXPORT15\751\515
\75151529\xml1\S890002.JP G
SPECIMEN DESCRIPTION See Excusable Non-Use Explanation, below.
 1. The mark, LA CASA DEL HABANO and design
(the “MARK”), is currently in use in commerce in
Cuba and in numerous other countries, but is not
currently in use in the United States. 2. This mark is
not in use in commerce in the United States solely
because any such use is prohibited by the United States
Treasury Department’s Cuban Assets Control
Regulations, 31 C.F.R. 515.201(b). These regulations
implement the United States’ trade and financial
embargo against Cuba and Cuban nationals. They
prohibit, inter alia, the importation of any goods in
which Cuba or any Cuban national has any interest of
any nature whatsoever, direct or indirect; prohibit the
transfer of any property or property interest, including
the licensing of trademarks, from any Cuban national
to any person subject to the jurisdiction of the United
States; and prohibit any payment to Cuba or a Cuban
national. Thus, the Cuban Assets Control Regulations
prohibit EMPRESA CUBANA DEL TABACO a
Cuban national, 31 C.F.R. 515.302(a)(2), from using
the mark the MARK in commerce in the United States,
and therefore the MARK has not been used in
commerce in the United States. 3. The Regulations
explicitly provide that Cuban entities can register
trademarks in the United States, 31 CFR §
515.527(a)(1), despite the fact that the Regulations also
prohibit these entities from using the marks in
commerce in the United States. Thus, this indicates that
the intent of the United States is to provide protection
to the trademarks of Cuban businesses during the
period of time that trade between Cuba and the United
EXCUSABLE NON-USE
EXPLANATION
States is prohibited, and that the United States does not
intend for the embargo to be permanent. 4. EMPRESA
CUBANA DEL TABACO intends to sell and transport
goods using this mark in the United States as soon as
the above-cited prohibition is lifted. That EMPRESA
CUBANA DEL TABACO is currently using the mark
in trade in other countries, where there are no
prohibitions on trade, demonstrates that it has the
requisite intent to use the mark in commerce, has not
abandoned the mark and is not merely seeking to
reserve a right in the mark. 5. The special circumstance
of the trade embargo with Cuba excuse as a matter of
law EMPRESA CUBANA DEL TABACO’s nonuse
of the mark, as the nonuse is not due to any intention to
abandon the mark. 6. The foregoing factors
consistently have been deemed by the USPTO to
 excuse non-use. Similar declaration of excusable non-
use have been accepted for other Cuban cigar marks
registered by EMPRESA CUBANA DEL TABACO,
including for La Casa del Habano, Reg. No. 1970911,
on September 7, 2005; Quai d'Orsay, Reg. No.
1653845, on August 19, 2001; La Perla, Reg. No.
2,128,050, on February 25, 2004; Cohiba design, Reg.
No. 2,145,804, on October 17, 2003; and Edmundo
Dantes, Reg. No. 1,957,322, on August 30, 2001, and
August 18, 2005. Similar declarations of excusable
non-use also have been accepted for other Cuban
marks, including on April 7, 2005 for the mark Habana
Habana Cuba, Reg. No. 2,202,488; on September 13,
2003 for the mark La Vigia, Reg. No. 2,110,538; and
on March 23, 2004 for the mark Habanos Unicos
Desde 1492, Reg. No. 2,177,837.
INTERNATIONAL CLASS 042
GOODS OR SERVICES KEEP ALL LISTED
\\TICRS2\EXPORT15\751\515
SPECIMEN FILE NAME(S)
\75151529\xml1\S890003.JP G
SPECIMEN DESCRIPTION See Excusable Non-use Explanation, below.
1. The mark, LA CASA DEL HABANO and design
(the “MARK”), is currently in use in commerce in
Cuba and in numerous other countries, but is not
currently in use in the United States. 2. This mark is
not in use in commerce in the United States solely
because any such use is prohibited by the United States
Treasury Department’s Cuban Assets Control
Regulations, 31 C.F.R. 515.201(b). These regulations
implement the United States’ trade and financial
embargo against Cuba and Cuban nationals. They
prohibit, inter alia, the importation of any goods in
which Cuba or any Cuban national has any interest of
any nature whatsoever, direct or indirect; prohibit the
transfer of any property or property interest, including
the licensing of trademarks, from any Cuban national
to any person subject to the jurisdiction of the United
States; and prohibit any payment to Cuba or a Cuban
national. Thus, the Cuban Assets Control Regulations
prohibit EMPRESA CUBANA DEL TABACO a
Cuban national, 31 C.F.R. 515.302(a)(2), from using
the mark the MARK in commerce in the United States,
and therefore the MARK has not been used in
commerce in the United States. 3. The Regulations
 explicitly provide that Cuban entities can register
trademarks in the United States, 31 CFR §
515.527(a)(1), despite the fact that the Regulations also
prohibit these entities from using the marks in
commerce in the United States. Thus, this indicates that
the intent of the United States is to provide protection
to the trademarks of Cuban businesses during the
period of time that trade between Cuba and the United
EXCUSABLE NON-USE
EXPLANATION
States is prohibited, and that the United States does not
intend for the embargo to be permanent. 4. EMPRESA
CUBANA DEL TABACO intends to sell and transport
goods using this mark in the United States as soon as
the above-cited prohibition is lifted. That EMPRESA
CUBANA DEL TABACO is currently using the mark
in trade in other countries, where there are no
prohibitions on trade, demonstrates that it has the
requisite intent to use the mark in commerce, has not
abandoned the mark and is not merely seeking to
reserve a right in the mark. 5. The special circumstance
of the trade embargo with Cuba excuse as a matter of
law EMPRESA CUBANA DEL TABACO’s nonuse
of the mark, as the nonuse is not due to any intention to
abandon the mark. 6. The foregoing factors
consistently have been deemed by the USPTO to
excuse non-use. Similar declaration of excusable non-
use have been accepted for other Cuban cigar marks
registered by EMPRESA CUBANA DEL TABACO,
including for La Casa del Habano, Reg. No. 1970911,
on September 7, 2005; Quai d'Orsay, Reg. No.
1653845, on August 19, 2001; La Perla, Reg. No.
2,128,050, on February 25, 2004; Cohiba design, Reg.
No. 2,145,804, on October 17, 2003; and Edmundo
Dantes, Reg. No. 1,957,322, on August 30, 2001, and
August 18, 2005. Similar declarations of excusable
non-use also have been accepted for other Cuban
marks, including on April 7, 2005 for the mark Habana
Habana Cuba, Reg. No. 2,202,488; on September 13,
2003 for the mark La Vigia, Reg. No. 2,110,538; and
on March 23, 2004 for the mark Habanos Unicos
Desde 1492, Reg. No. 2,177,837.
PAYMENT SECTION
NUMBER OF CLASSES 2
NUMBER OF CLASSES PAID 2
SUBTOTAL AMOUNT 1000
 TOTAL FEE PAID 1000
SIGNATURE SECTION
SIGNATURE /Adargelio Garrido/
SIGNATORY'S NAME /Adargelio Garrido/
SIGNATORY'S POSITION /Cubatabaco's Legal Adiver/
DATE SIGNED 01/10/2008
PAYMENT METHOD CC
FILING INFORMATION
SUBMIT DATE Wed Jan 16 13:23:50 EST 2008
USPTO/S08N09-71.249.234.2
10-20080116132350921357-2
TEAS STAMP 212119-4005e43034f92adc1e
985c4c656fdaeb-CC-6721-20
080108183613315243

PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

Combined Declaration of Use In Commerce & Application For Renewal of

Registration of A Mark Under Sections 8 & 9
To the Commissioner for Trademarks:
REGISTRATION NUMBER: 2212119
REGISTRATION DATE: 12/22/1998

MARK: LA CASA DEL HABANO (stylized and/or with design)

The owner, EMPRESA CUBANA DEL TABACO, having an address of

O'Reilly No. 104
Ciudad La Habana,
Cuba
is filing a Combined Declaration of Use In Commerce & Application For Renewal of Registration of A
Mark Under Sections 8 & 9.

For International Class 035, the mark is in use in commerce on or in connection with all goods or services
listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse
claim.

The owner is submitting one specimen showing the mark as used in commerce on or in connection with
any item in this class, consisting of a(n) See Excusable Non-Use Explanation, below..
Specimen File1

The following explanation of excusable non-use has been made of record: 1. The mark, LA CASA DEL
HABANO and design (the “MARK”), is currently in use in commerce in Cuba and in numerous other
countries, but is not currently in use in the United States. 2. This mark is not in use in commerce in the
United States solely because any such use is prohibited by the United States Treasury Department’s
Cuban Assets Control Regulations, 31 C.F.R. 515.201(b). These regulations implement the United States’
trade and financial embargo against Cuba and Cuban nationals. They prohibit, inter alia, the importation of
any goods in which Cuba or any Cuban national has any interest of any nature whatsoever, direct or
indirect; prohibit the transfer of any property or property interest, including the licensing of trademarks,
from any Cuban national to any person subject to the jurisdiction of the United States; and prohibit any
payment to Cuba or a Cuban national. Thus, the Cuban Assets Control Regulations prohibit EMPRESA
CUBANA DEL TABACO a Cuban national, 31 C.F.R. 515.302(a)(2), from using the mark the MARK in
commerce in the United States, and therefore the MARK has not been used in commerce in the United
States. 3. The Regulations explicitly provide that Cuban entities can register trademarks in the United
States, 31 CFR § 515.527(a)(1), despite the fact that the Regulations also prohibit these entities from using
the marks in commerce in the United States. Thus, this indicates that the intent of the United States is to
provide protection to the trademarks of Cuban businesses during the period of time that trade between
Cuba and the United States is prohibited, and that the United States does not intend for the embargo to be
permanent. 4. EMPRESA CUBANA DEL TABACO intends to sell and transport goods using this mark in
the United States as soon as the above-cited prohibition is lifted. That EMPRESA CUBANA DEL
TABACO is currently using the mark in trade in other countries, where there are no prohibitions on trade,
demonstrates that it has the requisite intent to use the mark in commerce, has not abandoned the mark and
is not merely seeking to reserve a right in the mark. 5. The special circumstance of the trade embargo with
Cuba excuse as a matter of law EMPRESA CUBANA DEL TABACO’s nonuse of the mark, as the
nonuse is not due to any intention to abandon the mark. 6. The foregoing factors consistently have been
deemed by the USPTO to excuse non-use. Similar declaration of excusable non-use have been accepted
for other Cuban cigar marks registered by EMPRESA CUBANA DEL TABACO, including for La Casa
del Habano, Reg. No. 1970911, on September 7, 2005; Quai d'Orsay, Reg. No. 1653845, on August 19,
2001; La Perla, Reg. No. 2,128,050, on February 25, 2004; Cohiba design, Reg. No. 2,145,804, on
October 17, 2003; and Edmundo Dantes, Reg. No. 1,957,322, on August 30, 2001, and August 18, 2005.
Similar declarations of excusable non-use also have been accepted for other Cuban marks, including on
April 7, 2005 for the mark Habana Habana Cuba, Reg. No. 2,202,488; on September 13, 2003 for the
mark La Vigia, Reg. No. 2,110,538; and on March 23, 2004 for the mark Habanos Unicos Desde 1492,
Reg. No. 2,177,837.

For International Class 042, the mark is in use in commerce on or in connection with all goods or services
listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse
claim.

The owner is submitting one specimen showing the mark as used in commerce on or in connection with
any item in this class, consisting of a(n) See Excusable Non-use Explanation, below..
Specimen File1
The following explanation of excusable non-use has been made of record: 1. The mark, LA CASA DEL
HABANO and design (the “MARK”), is currently in use in commerce in Cuba and in numerous other
countries, but is not currently in use in the United States. 2. This mark is not in use in commerce in the
United States solely because any such use is prohibited by the United States Treasury Department’s
Cuban Assets Control Regulations, 31 C.F.R. 515.201(b). These regulations implement the United States’
trade and financial embargo against Cuba and Cuban nationals. They prohibit, inter alia, the importation of
any goods in which Cuba or any Cuban national has any interest of any nature whatsoever, direct or
indirect; prohibit the transfer of any property or property interest, including the licensing of trademarks,
from any Cuban national to any person subject to the jurisdiction of the United States; and prohibit any
payment to Cuba or a Cuban national. Thus, the Cuban Assets Control Regulations prohibit EMPRESA
CUBANA DEL TABACO a Cuban national, 31 C.F.R. 515.302(a)(2), from using the mark the MARK in
commerce in the United States, and therefore the MARK has not been used in commerce in the United
States. 3. The Regulations explicitly provide that Cuban entities can register trademarks in the United
States, 31 CFR § 515.527(a)(1), despite the fact that the Regulations also prohibit these entities from using
the marks in commerce in the United States. Thus, this indicates that the intent of the United States is to
provide protection to the trademarks of Cuban businesses during the period of time that trade between
Cuba and the United States is prohibited, and that the United States does not intend for the embargo to be
permanent. 4. EMPRESA CUBANA DEL TABACO intends to sell and transport goods using this mark in
the United States as soon as the above-cited prohibition is lifted. That EMPRESA CUBANA DEL
TABACO is currently using the mark in trade in other countries, where there are no prohibitions on trade,
demonstrates that it has the requisite intent to use the mark in commerce, has not abandoned the mark and
is not merely seeking to reserve a right in the mark. 5. The special circumstance of the trade embargo with
Cuba excuse as a matter of law EMPRESA CUBANA DEL TABACO’s nonuse of the mark, as the
nonuse is not due to any intention to abandon the mark. 6. The foregoing factors consistently have been
deemed by the USPTO to excuse non-use. Similar declaration of excusable non-use have been accepted
for other Cuban cigar marks registered by EMPRESA CUBANA DEL TABACO, including for La Casa
del Habano, Reg. No. 1970911, on September 7, 2005; Quai d'Orsay, Reg. No. 1653845, on August 19,
2001; La Perla, Reg. No. 2,128,050, on February 25, 2004; Cohiba design, Reg. No. 2,145,804, on
October 17, 2003; and Edmundo Dantes, Reg. No. 1,957,322, on August 30, 2001, and August 18, 2005.
Similar declarations of excusable non-use also have been accepted for other Cuban marks, including on
April 7, 2005 for the mark Habana Habana Cuba, Reg. No. 2,202,488; on September 13, 2003 for the
mark La Vigia, Reg. No. 2,110,538; and on March 23, 2004 for the mark Habanos Unicos Desde 1492,
Reg. No. 2,177,837.

The registrant hereby appoints David B. Goldstein of Rabinowitz, Boudin, Standard, Krinsky &
Lieberman, PC
111 Broadway, 11th Floor
Rabinowitz, Boudin et al., PC
New York, New York 10006-1901
United States
to file this Combined Declaration of Use In Commerce & Application For Renewal of Registration of A
Mark Under Sections 8 & 9 on behalf of the registrant.

The registrant hereby appoints Michael Krinsky, having an address of

111 Broadway, 11th Floor
New York, New York 10006
United States
as registrant's representative upon whom notice or process in the proceedings affecting the mark may be
served.

A fee payment in the amount of $1000 will be submitted with the form, representing payment for 2
class(es), plus any additional grace period fee, if necessary.

Declaration

Section 8: Declaration of Use in Commerce

Unless the owner has specifically claimed excusable non-use, the owner, or its related company, is using
the mark in commerce on or in connection with the goods and/or services identified above, as evidenced
by the attached specimen(s) showing the mark as used in commerce.

Section 9: Application for Renewal

The registrant requests that the registration be renewed for the goods and/or services identified above.

The undersigned being hereby warned that willful false statements and the like are punishable by fine or
imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like
may jeopardize the validity of this document, declares that he/she is properly authorized to execute this
document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all
statements made on information and belief are believed to be true.

Signature: /Adargelio Garrido/ Date: 01/10/2008

Signatory's Name: /Adargelio Garrido/
Signatory's Position: /Cubatabaco's Legal Adiver/

Mailing Address (current):

Rabinowitz, Boudin, Standard, Krinsky &
Rabinowitz, Boudin, Standard, Krinsky &
New York, New York 10006-1901

Mailing Address (proposed):

Rabinowitz, Boudin, Standard, Krinsky & Lieberman, PC
Rabinowitz, Boudin et al., PC
New York, New York 10006-1901

Serial Number: 75151529

Internet Transmission Date: Wed Jan 16 13:23:50 EST 2008
TEAS Stamp: USPTO/S08N09-71.249.234.210-200801161323
50921357-2212119-4005e43034f92adc1e985c4
c656fdaeb-CC-6721-20080108183613315243