Trademarks Act

Marginal note:List

• 11.12 (1) There shall be kept under the supervision of the Registrar a list of geographical indications.

• Marginal note:Statement of Minister

  (2) Where a statement by the Minister, setting out in respect of an indication the information mentioned in subsection (3), is published in the Canada Gazette and

  • (a) a statement of objection has not 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  • (b) a statement of objection has been so filed and served, but it has been withdrawn or deemed under subsection 11.13(6) to have been withdrawn or it has been rejected pursuant to subsection 11.13(7) or, if an appeal is taken, it is rejected pursuant to the final judgment given in the appeal,

  the Registrar shall enter the indication on the list of geographical indications kept pursuant to subsection (1).

• Marginal note:Information

  (3) For the purposes of subsection (2), the statement by the Minister must set out the following information in respect of an indication:

  • (a) that the Minister proposes that the indication be entered on the list of geographical indications kept pursuant to subsection (1);

  • (b) that the indication identifies a wine or that the indication identifies a spirit;

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

  • (d) the name of the responsible authority in relation to the wine or spirit and the address of the responsible authority’s principal office or place of business in Canada, if any, and 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 service of any document or proceedings in respect of an objection may be given or served with the same effect as if they had been given to or served on the responsible authority itself; and

  • (e) the quality, reputation or other characteristic of the wine or spirit that, in the opinion of the Minister, qualifies that indication as a geographical indication.

• Marginal note:Removal from list

  (4) The Registrar shall remove an indication from the list of geographical indications kept pursuant to subsection (1) on the publication in the Canada Gazette of a statement by the Minister that the indication is to be removed.