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 Trademarks 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 sample form for requesting protection of a GI for a wine or spirit (PDF, 80 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
- Geographical Indication;
- The good associated with the indication (i.e. "wine" or "spirit");
- The territory, region or locality of a WTO Member in which the wine or spirit is identified as originating:
- If the indication identifies a wine or spirit 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));
- If the indication identifies a wine or spirit 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));
- A description of the quality, reputation or other characteristic of the wine or spirit that is essentially attributable to its geographical origin;
- Name of the responsible authority and evidence that it meets the definition (see Note (ii));
- State or commercial interest (see Note (iii));
- Address of responsible authority's principal office or place of business in the relevant WTO Member;
- Address of responsible authority's principal office or place of business in Canada (if any);
- Name and address in Canada of a person or firm on whom any document may be served (see Note (iv)).
The required fee
A separate request must be made for each GI, accompanied by the required fee for each request submitted.
Note: the fee for a request for protection of a GI is adjusted each year on the first of January. It is payable once and the amount required depends on the date on which the payment is received by the Office, even if the request was filed prior to the annual adjustment.
Consult the fees for geographical indications and official marks for the exact fee amount.
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.
Official Function within the Responsible Authority:
Enclosed: Payment of 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 form.
Documentation submitted as part of the request will not be returned.
Send your request to the following address
Canadian Intellectual Property Office
Trademarks and Industrial Designs Branch
50 Victoria Street
Place du Portage, Phase I
Gatineau, Quebec, Canada
- 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 a wine or spirit 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.
- A responsible authority is, in relation to a wine or spirit, 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 wine or spirit to be a party to any proceedings under the Trademarks 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.
- 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.
- 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.