In Judgment T-207/08, the GC confirmed there is no likelihood of confusion for identical goods in Class 34 ‘smoking articles, tobacco, cigars’.

  v.             

   Contested CTM                             Earlier trademarks

The trademarks are not similar since the character represented on the earlier marks could be a man or a woman, usually identified as the latter because of the ponytail, whereas the applied for CTM clearly represents an American Indian, with the associated name KIOWA which will be probably perceived as the name of a tribe. Whereas for the majority of the relevant Spanish public, it must be noted that the existence of such Indians is unknown nowadays. So the clear difference between COHIBA, the figurative elements (colored label) and the elements ‘La Habana, Cuba’ on one hand, and the name KIOWA with the profile of an American Indian on the other, impedes any likelihood of association between the trademarks.