TTATS#2003 17-43 FAX RABINOWITZ BOUDIN 003/004 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE ‘Mark: ‘VEGAS ROBAINA, RegistrationNo.: 2,197,155 Intl Class: 34 DECLARATION OF EXCUSABLE NONUSE UNDER SECTION 8 ‘The undersigned declares that: 1. Lam a representative of CORPORACION HABANOS, S.A., a corporation organized under the laws of the Republic of Cuba, and am authorized to execute this declaration on behalf of said corporation. 2 Said corporation is the owner of the above-identified registration issued on October 20, 1998. 3. ‘The mark, VEGAS ROBAINA, is currently in use in commerce in Cuba and in numerous other countrics, but is not currently in use in the United States. 4. This mark is not in usc in commesce in the United States solely because any such ‘use is prohibited by the United States Treasury Department's Cuban Asscts Control Regulations, 31 CFR. 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 CORPORACION HABANOS, 8.A., a Cuban national, 31 CFR. 515.302(a)(2), from using the mark VEGAS ROBAINA in commerce in the United States, and therefore the mark VEGAS ROBAINA has not been used in commerce in the United States. 5. 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 inteat of the United States is to provide protection to the trademarks of Cuban businesses uring the period of time that trade between Cuba and the United States is prohibited, and that tho United States does not intend for the embargo to be permanent. PAGE 3i4* RCVD AT 11/19/2003 4:44:18 PM [Eastern Standard Time] * SVR:USPTO-EFXRF-214 * DNIS:7483200* CSI