Trademarks Act

Marginal note:Removal from the list

• 11.21 (1) On the application of any person interested, the Federal Court has exclusive jurisdiction to order the Registrar to remove an indication or a translation from the list of geographical indications kept under subsection 11.12(1) on any of the grounds set out in subsection (2) or (3), as the case may be.

• Marginal note:Grounds — indication

  (2) The grounds for the removal of an indication are

  • (a) that, on the day on which the application is made, the indication is not a geographical indication;

  • (b) that, on the day on which the application is made, the indication is identical to a term customary in common language in Canada as the common name for the wine or spirit or the agricultural product or food;

  • (c) that, except in the case of an indication identifying a wine or spirit or an agricultural product or food as originating in Canada, when the statement by the Minister in respect of the indication is published or on the day on which the application is made, the indication is not protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating;

  • (d) in the case of an indication identifying an agricultural product or food, that, when the statement by the Minister is published, the indication is confusing with

    • (i) a registered trademark, or

    • (ii) a trademark that was previously used in Canada and that has not been abandoned; or

  • (e) in the case of an indication identifying an agricultural product or food, that

    • (i) when the statement by the Minister is published, the indication is confusing with a trademark in respect of which an application for registration was previously filed in Canada, and

    • (ii) on the day on which the application is made, that application for registration remains pending or the trademark is registered.

• Marginal note:Grounds — translation

  (3) The grounds for the removal of a translation are

  • (a) that, on the day on which the application is made, the translation is identical to a term customary in common language in Canada as the common name for the agricultural product or food;

  • (b) that, when the statement by the Minister in respect of the translation is published, the translation is confusing with

    • (i) a registered trademark, or

    • (ii) a trademark that was previously used in Canada and that has not been abandoned;

  • (c) that

    • (i) when the statement by the Minister in respect of the translation is published, the translation is confusing with a trademark in respect of which an application for registration was previously filed in Canada, and

    • (ii) on the day on which the application is made, that application for registration remains pending or the trademark is registered; or

  • (d) that, when the statement by the Minister in respect of the translation is published, the translation is not a faithful translation of the indication.

• Marginal note:How application is made

  (4) An application shall be made by the filing of an originating notice of motion, by counter-claim in an action for an act contrary to section 11.14 or 11.15, or by statement of claim in an action claiming additional relief under this Act.

• Marginal note:Summary proceedings

  (5) The proceedings on an application shall be heard and determined summarily on evidence adduced by affidavit unless the Federal Court directs otherwise.

• Marginal note:Effect of order on translation

  (6) If the Federal Court orders the removal of an indication identifying an agricultural product or food from the list, the Registrar shall remove any translation of that indication from the list.