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Geographical indications in Canada
The Canadian Intellectual Property Office (CIPO) is responsible for processing requests for the protection of geographical indications (GIs) and ensuring that they are entered on the list of protected GIs maintained by the Registrar. A geographical indication can identify a wine or spirit, or an agricultural product or food of a category set out in the Trademarks Act.
- Request
A request may be submitted to CIPO to have a GI entered on the list of protected GIs in Canada for wines, spirits or agricultural products and food (for example, cheeses or fresh frozen and processed meats).
Requests and all supporting documentation must be submitted in writing and be in either English or French (except for the GI itself). A separate request must be made for each GI, accompanied by the prescribed fee.
The responsible authority making the request may use the sample forms available on CIPO's website.
- Examination
CIPO examines the request for compliance in cooperation with Agriculture and Agri-Food Canada. If an indication meets the criteria to be entered on the list of protected GIs, CIPO will recommend that the Minister publish a statement proposing to do so.
- Publication
The GI is published on the CIPO website to notify third parties. Within 2 months after the publication of the statement, any interested party may, upon payment of the prescribed fee, file a statement of objection with the Registrar of Trademarks and serve a copy on the responsible authority.
- Objection
If a third party objects, the procedure will go before the Trademarks Opposition Board.
- Listing
The GI is entered on the list of protected GIs. The Registrar of Trademarks enters the indication on the list of GIs if a statement of objection has not been filed or if a statement of objection has been filed but has been withdrawn or rejected.
- Term protection
The term of protection is unlimited.
For more information on GIs, visit CIPO's trademarks web page or contact our Client Service Centre at 1-866-997-1936.
Resources
2021
Aussi offert en français sous le titre Feuille de route de la PI – indications géographiques au Canada.