To register a GI in Canada, the responsible party should submit a request to the Canadian Intellectual Property Office (CIPO). All the supporting documents should be in either French or English or translated thereto. The responsible party can use the sample forms available at the database of CIPO. Yet, the use of these forms is not compulsory if all the information is provided. The request can be made by or on behalf of a responsible authority for wine, agricultural products, or food. The "Responsible authority" here is any entity that has a state or commercial interest and the requisite knowledge and connection with the category of the product. It takes about 5-8 months to enter a new GI on the list of registered GIs in Canada. It is advisable to take the help of a trademark lawyer or agent to get and enforce GI protection.
How to request
A request must be submitted under subsection 11.12(1) of the Trademarks Act to enter a new GI on the list of GIs in Canada. The request along with the supporting documents must be submitted to CIPO. The request made should be in either English or French or translated otherwise. The requesting party may use the sample forms for wine, spirits, agricultural products, or food. Yet the use of these forms is not mandatory if the party provides all the necessary information. A separate request must be made for each GI with the prescribed fees. The CIPO must first receive the fees before processing the request. The requesting party must submit the fee irrespective of whether the application is accepted or not.
Review of the request
The responsible authority must provide all the required information in the request. The request after submission is then reviewed by CIPO. During the review, the responsible authority may be required to submit more information related to the request. While reviewing, CIPO may seek more information relating to the quality or reputation of the GI from Agriculture and Agri-food Canada. After the GI meets the criteria, it enters the list of protected GIs. Thereafter, CIPO recommends that the Minister publish a statement. This statement proposes the entry of the GI on the list of protected GIs as per section 11.12(1) of the Act.
Publication of Minister’s Statements
According to section 11.12(3) of the Trademarks Act, the statements of the minister are published on CIPO's website. It includes the following information:
1. A proposal from the minister stating that the GI identifies with a particular wine, food, or agricultural product and should be entered in the list.
2. The common name of the agricultural food or product and the category in which it belongs.
3. The region, territory, or locality in which the product originates.
4. The name, address, principal place of business of the responsible authority. If the responsible authority has no place of business in Canada, then the name and address of the person who takes such a role must be given.
5. In the minister's opinion, the quality, reputation, and other characteristics of the product should qualify it as a GI.
Objection
According to subsection 11.13(1) of the Trademarks Act, any interested party on payment of the requisite fees may file a statement of objection within 2 months from the date of publication on CIPO's website. The statement of objection can be filed with the Registrar of Trademarks. A copy of this statement is served to the responsible authority in the manners set out in subsection 81(1) of the Trademarks Regulations.
Entry of GI on the list
The Registrar of Trademarks enters the product on the list of GIs under subsection 11.12(2) of the Act if it fulfills the following conditions:
1. No statement of objection has been filed, or the time for filing an objection has expired.
2. A statement of objection has been filed but it has been withdrawn or deemed to have been withdrawn or rejected. If the interested party has taken an appeal, then the appeal has been rejected.
