Trademarks Act

Marginal note:Exception for disuse

• 11.18 (1) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of a protected geographical indication, or any translation of it in any language, if the indication has ceased to be protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating, or has fallen into disuse in that territory.

• Marginal note:Exceptions for customary names

  (2) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of a protected geographical indication that is identical to

  • (a) a term customary in common language in Canada as the common name for the wine or spirit or the agricultural product or food;

  • (b) a customary name of a grape variety existing in Canada on or before the day on which the WTO Agreement comes into force; or

  • (c) a customary name of a plant variety or an animal breed existing in Canada on or before the day on which the indication is entered on the list kept under subsection 11.12(1).

• Marginal note:Exception for translation — customary term

  (2.1) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of a translation of a protected geographical indication that is identical to a term customary in common language in Canada as the common name for a wine or spirit or an agricultural product or food.

• Marginal note:Exception for common names for wines

  (3) Subsections 11.14(1) to (3) and paragraph 12(1)(g) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of the following indications in respect of wines:

• Marginal note:Exception for common names for spirits

  (4) Subsections 11.14(4) to (6) and paragraph 12(1)(h) do not prevent 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  • (a) [Repealed, SOR/2004-85]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  • (c) [Repealed, SOR/2004-85]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:Exception for common names for agricultural products or food

  (4.1) Section 11.15 and paragraph 12(1)(h.1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of the following indications in respect of an agricultural product or food:

  • (a) Valencia Orange;

  • (b) Orange Valencia;

  • (c) Valencia;

  • (d) Black Forest Ham;

  • (e) Jambon Forêt Noire;

  • (f) Tiroler Bacon;

  • (g) Bacon Tiroler;

  • (h) Parmesan;

  • (i) St. George Cheese;

  • (j) Fromage St-George; and

  • (k) Fromage St-Georges.

• Marginal note:Spelling variations

  (4.2) For purposes of subsection (4.1), the indications set out in paragraphs (f) and (g) include spelling variations of those indications in English and French.

• Marginal note:Exception — “county”

  (4.3) Section 11.15 and paragraph 12(1)(h.1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of the term “county”, or any translation of it in any language, in association with an agricultural product or food if that term is used to refer to the name of a territorial division or an administrative division of a territory.

• Marginal note:Powers of Governor in Council

  (5) The Governor in Council may, by order, amend any of subsections (3) to (4.1) by adding or deleting an indication in respect of a wine or spirit or an agricultural product or food, as the case may be.