Trademarks Act

Marginal note:Statement of objection

• 11.13 (1) Within three months after the publication in the Canada Gazette of a statement referred to in subsection 11.12(2), any person interested may, on payment of the prescribed fee, file with the Registrar, and serve on the responsible authority in the prescribed manner, a statement of objection.

• Marginal note:Ground

  (2) A statement of objection may be based only on the ground that the indication is not a geographical indication.

• Marginal note:Content

  (3) A statement of objection shall set out

  • (a) the ground of objection in sufficient detail to enable the responsible authority to reply thereto; and

  • (b) the address of the objector’s principal office or place of business in Canada, if any, and if the objector has no office or place of business in Canada, the address of the principal office or place of business abroad and the name and address in Canada of a person or firm on whom service of any document in respect of the objection may be made with the same effect as if it had been served on the objector.

• Marginal note:Counter statement

  (4) Within three months after a statement of objection has been served on the responsible authority, the responsible authority may file a counter statement with the Registrar and serve a copy on the objector in the prescribed manner, and if the responsible authority does not so file and serve a counter statement, the indication shall not be entered on the list of geographical indications.

• Marginal note:Evidence and hearing

  (5) Both the objector and the responsible authority shall be given an opportunity, in the manner prescribed, to submit evidence and to make representations to the Registrar unless

  • (a) the responsible authority does not file and serve a counter statement in accordance with subsection (4) or if, in the prescribed circumstances, the responsible authority does not submit evidence or a statement that the responsible authority does not wish to submit evidence; or

  • (b) the objection is withdrawn or deemed under subsection (6) to have been withdrawn.

• Marginal note:Withdrawal of objection

  (6) The objection shall be deemed to have been withdrawn if, in the prescribed circumstances, the objector does not submit evidence or a statement that the objector does not wish to submit evidence.

• Marginal note:Decision

  (7) After considering the evidence and representations of the objector and the responsible authority, the Registrar shall decide that the indication is not a geographical indication or reject the objection, and notify the parties of the decision and the reasons for the decision.