Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6)

confusing

confusing, when applied as an adjective to a trade-mark or trade-name, means, except in sections 11.13 and 11.21, a trade-mark or trade-name the use of which would cause confusion in the manner and circumstances described in section 6; (créant de la confusion)

geographical indication

geographical indication means an indication that identifies a wine or spirit, or an agricultural product or food of a category set out in the schedule, as originating in the territory of a WTO Member, or a region or locality of that territory, if a quality, reputation or other characteristic of the wine or spirit or the agricultural product or food is essentially attributable to its geographical origin; (indication géographique)

Geographical Indications

Marginal note:Definitions

• 11.11 (1) The following definitions apply in this section and in sections 11.12 to 11.24.

  Minister

  Minister means the Minister designated under subsection (2). (ministre)

  responsible authority

  responsible authority means, in relation to a wine or spirit, or an agricultural product or food of a category set out in the schedule, the person, firm or other entity that, in the Minister’s opinion, is, by reason of state or commercial interest, sufficiently connected with and knowledgeable about that wine or spirit or that agricultural product or food to be a party to any proceedings under this Act. (autorité compétente)

• Marginal note:Designation of Minister

  (2) The Governor in Council may, by order, designate any federal minister to be the Minister for the purposes of this section and sections 11.12 to 11.24.

• Marginal note:When indication confusing with trade-mark

  (3) For the purposes of sections 11.13 and 11.21, an indication identifying an agricultural product or food is confusing with a trade-mark if the use of both the indication and the trade-mark in the same area would be likely to lead to the inference that the agricultural product or food associated with the indication originates from the same source as the goods or services associated with the trade-mark.

• Marginal note:What to be considered

  (4) For the purposes of sections 11.13 and 11.21, in determining whether an indication is confusing with a trade-mark, the Registrar or the Federal Court, as the case may be, shall have regard to all the surrounding circumstances, including

  • (a) the length of time that the indication has been used to identify the agricultural product or food with which it is associated as originating in the territory, or the region or locality of a territory, and the extent to which it has become known;

  • (b) the degree of resemblance between the indication and the trade-mark, including in appearance or sound or in the ideas suggested by them; and

  • (c) with respect to the trade-mark,

    • (i) its inherent distinctiveness and the extent to which it has become known,

    • (ii) the length of time that it has been in use, and

    • (iii) the nature of the goods, services or business that is associated with it.

Marginal note:List

• 11.12 (1) There shall be kept under the supervision of the Registrar a list of geographical indications and, in the case of geographical indications identifying an agricultural product or food, translations of those indications.

• Marginal note:Statement of Minister — indication

  (2) If a statement by the Minister in respect of an indication is published on the website of the Canadian Intellectual Property Office setting out the information mentioned in subsection (3), the Registrar shall enter the indication, and any translation of the indication set out in the statement, on the list if

  • (a) no statement of objection has been filed and served on the responsible authority in accordance with subsection 11.13(1) and the time for the filing of a statement of objection has expired; or

  • (b) a statement of objection has been so filed and served, but it has been withdrawn or deemed under subsection 11.13(6) to have been withdrawn or it has been rejected under subsection 11.13(7) or, if an appeal is taken, it is rejected in the final judgment given in the appeal.

• Marginal note:Statement of Minister — translation

  (2.1) If a statement by the Minister is published on the website of the Canadian Intellectual Property Office setting out the information mentioned in subsection (3.1) in respect of a translation of an indication on the list that identifies an agricultural product or food, the Registrar shall enter the translation on the list if

  • (a) no statement of objection has been filed and served on the responsible authority in accordance with subsection 11.13(1) and the time for the filing of the statement of objection has expired; or

  • (b) a statement of objection has been so filed and served, but it has been withdrawn or deemed under subsection 11.13(6) to have been withdrawn or it has been rejected under subsection 11.13(7) or, if an appeal is taken, it is rejected in the final judgment given in the appeal.

• Marginal note:Information — indication

  (3) For the purposes of subsection (2), the statement by the Minister must set out all of the following information:

  • (a) that the Minister proposes that the indication and, if applicable, a translation of the indication, in the case of an indication that identifies an agricultural product or food, be entered on the list;

  • (b) in the case of an indication that identifies a wine or spirit, that the indication identifies a wine or that the indication identifies a spirit;

  • (b.1) in the case of an indication that identifies an agricultural product or food, the common name of the agricultural product or food and the category set out in the schedule to which it belongs;

  • (c) the territory, or the region or locality of a territory, in which the wine or spirit or the agricultural product or food is identified as originating;

  • (d) the name of the responsible authority in relation to the wine or spirit or the agricultural product or food and the address of the responsible authority’s principal office or place of business in Canada or, if the responsible authority has no office or place of business in Canada, the name and address in Canada of a person or firm on whom any document may be served with the same effect as if it had been served on the responsible authority itself;

  • (e) the quality, reputation or other characteristic of the wine or spirit or the agricultural product or food that, in the Minister’s opinion, qualifies that indication as a geographical indication;

  • (f) that, except in the case of an indication identifying a wine or spirit or an agricultural product or food as originating in Canada, the indication is protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating, as well as particulars of the protection.

• Marginal note:Information — translation

  (3.1) For the purposes of subsection (2.1), the statement by the Minister must set out all of the following information:

  • (a) that the Minister proposes that the translation be entered on the list;

  • (b) the indication on the list that corresponds to the translation;

  • (c) the common name of the agricultural product or food that the indication identifies and the category set out in the schedule to which it belongs;

  • (d) the name of the responsible authority in relation to the agricultural product or food and the address of the responsible authority’s principal office or place of business in Canada or, if the responsible authority has no office or place of business in Canada, the name and address in Canada of a person or firm on whom any document may be served with the same effect as if it had been served on the responsible authority itself.

• Marginal note:Removal from list

  (4) The Registrar shall remove an indication or any translation of an indication from the list

  • (a) on the publication of a statement by the Minister on the website of the Canadian Intellectual Property Office specifying that the indication or the translation is to be removed; or

  • (b) if the Federal Court makes an order under subsection 11.21(1) for the removal of the indication or the translation.

• Marginal note:Obvious error

  (5) The Registrar may, within six months after the day on which an indication or a translation of an indication is entered on the list, correct any error in that entry that is obvious from the documents relating to the indication or the translation in question that are, at the time that the entry is made, on file in the Registrar’s office.

• Marginal note:Evidence of entry

  (6) A copy of any entry on the list purporting to be certified to be true by the Registrar is evidence of the facts set out in it.

• Marginal note:Evidence of statement

  (7) Evidence of a statement by the Minister may be given by the production of a copy of the statement purporting to be certified to be true by the Registrar.

• Marginal note:Certified copies

  (8) The Registrar shall, on request and on payment of the prescribed fee, furnish a copy certified by the Registrar of any entry on the list or of any statement by the Minister.