Trademarks Act

Marginal note:Exception for disuse

• 11.18 (1) Notwithstanding sections 11.14 and 11.15 and paragraphs 12(1)(g) and (h), nothing in any of those provisions prevents the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of a protected geographical indication identifying a wine or spirit if the indication has ceased to be protected by the laws applicable to the WTO Member for which the indication is protected, or has fallen into disuse in that Member.

• Marginal note:Exceptions for customary names

  (2) Notwithstanding sections 11.14 and 11.15 and paragraphs 12(1)(g) and (h), nothing in any of those provisions prevents the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of an indication in respect of a wine or spirit

  • (a) that is identical with a term customary in common language in Canada as the common name for the wine or spirit, as the case may be; or

  • (b) that is identical with a customary name of a grape variety existing in Canada on or before the day on which the Agreement comes into force.

• Marginal note:Exception for generic names for wines

  (3) Notwithstanding sections 11.14 and 11.15 and paragraphs 12(1)(g) and (h), nothing in any of those provisions prevents the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of the following indications in respect of wines:

  • (a) to (e) [Repealed, SOR/2004-85]

  • (f) to (v) [Repealed, SOR/2004-85]

• Marginal note:Exception for generic names for spirits

  (4) Notwithstanding sections 11.14 and 11.15 and paragraphs 12(1)(g) and (h), nothing in any of those provisions prevents the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of the following indications in respect of spirits:

  • (a) [Repealed, SOR/2004-85]

  • (b) Marc;

  • (c) [Repealed, SOR/2004-85]

  • (d) Sambuca;

  • (e) Geneva Gin;

  • (f) Genièvre;

  • (g) Hollands Gin;

  • (h) London Gin;

  • (i) Schnapps;

  • (j) Malt Whiskey;

  • (k) Eau-de-vie;

  • (l) Bitters;

  • (m) Anisette;

  • (n) Curacao; and

  • (o) Curaçao.

• Marginal note:Governor in Council amendment

  (5) The Governor in Council may, by order, amend subsection (3) or (4) by adding thereto or deleting therefrom an indication in respect of a wine or spirit, as the case may be.