Request for Protection of a Geographical Indication for an Agricultural Product or Food

Disclaimer

The information in this notice is reproduced for convenience and should be considered as a general guide only. In the event of any inconsistency between this notice and the applicable legislation, the legislation prevails. For advice on individual cases, the requesting party is encouraged to contact their own legal advisor.

A request may be submitted to have a geographical indication (GI) entered on the list of protected GIs in Canada, as provided for under subsection 11.12(1) of the Trade-marks Act (“the Act”). A geographical indication is defined in section 2 of the Act as:

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

The requesting party may use the following sample form for requesting protection of a GI for an agricultural product or food (PDF: 40 KB; 3 pages). The use of this format is not compulsory so long as all the required information is provided.

For each GI request, the following information is required

  1. Geographical indication:
  2. Translation(s) of the geographical indication in all languages for which protection is sought:
  3. Common name of the agricultural product or food:
  4. Category to which the agricultural product or food belongs, as set out in the Schedule:
  5. The territory, region or locality of a WTO Member in which the agricultural product or food is identified as originating:
    1. If the indication identifies an agricultural product or food originating outside Canada, the applicable law(s) which protect the geographical indication in the territory, region or locality of a WTO Member (see Note (i)):
    2. If the indication identifies an agricultural product or food originating within and for Canada, the applicable law(s) (if any) which protect the geographical indication in the territory, region or locality of Canada (see Note (i)):
  6. A description of the quality, reputation or other characteristic of the agricultural product or food that is essentially attributable to its geographical origin:
  7. Name of the responsible authority and evidence that it meets the definition (see Note (ii)):
  8. State or commercial interest (see Note (iii)):
  9. Address of responsible authority's principal office or place of business in the relevant WTO Member:
  10. Address of responsible authority's principal office or place of business in Canada (if any):
  11. Name and address in Canada of a person or firm on whom any document may be served (see Note (iv)):

Statement by Responsible Authority

The undersigned hereby requests that the Government of Canada take the necessary steps to have this geographical indication entered on the list of protected geographical indications in Canada, consistent with the relevant provisions of the Trademarks Act.

The undersigned hereby declares that the information provided in this form is true and accurate to the best of his/her knowledge.

Name:

Signature:

Official Function within the Responsible Authority:

Place:

Date:

Enclosed: Payment of $450 in the name of "The Receiver General for Canada". When sending payments to CIPO by mail, facsimile or hand-delivery, we recommend use of the CIPO Fee Payment Form.

Please note that documentation submitted as part of the request will not be returned.

Send your request to the following address

Canadian Intellectual Property Office
Trademarks Branch
50 Victoria Street
Place du Portage, Phase I
Gatineau, Quebec, Canada
K1A 0C9

Notes

  1. The request must indicate the particular law(s) under which the geographical indication is protected in the relevant WTO Member (including Canada) and include a copy of said law(s), translated into English or French. If the indication identifies an agricultural product or food as originating in Canada, this information is required only insofar as the indication is actually protected by law(s) in Canada. The date upon which the indication was officially recognized and protected as a geographical indication should also be indicated.
  2. A responsible authority is, in relation to an agricultural product or food, a person, firm, or other entity that is, in the opinion of the Minister, by reason of state or commercial interest, sufficiently connected with and knowledgeable of that agricultural product or food to be a party to any proceedings under the Trade-marks Act in respect of the request. The responsible authority is responsible for providing the information required in the request and responding to any questions or correspondence.
  3. For illustrative purposes the "state or commercial interest" of the responsible authority may include: national government; regional government; regulatory authority in the region concerned; association of producers in the region concerned; producer in the region concerned; etc.
  4. An address for service in Canada can be the address of the relevant Consulate in Canada or another person, firm or entity based in Canada to whom correspondence can be sent.
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