Trademarks Act — T-13 11.13
Statement of objection 11.13 (1) Within two months after the publication of a statement referred to in subsection 11.12(2) or (2.1), 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. Grounds — indication (2) A statement of objection with respect to an indication may be based on any of the following grounds: (a) that, when the statement by the Minister is published, the indication is not a geographical indication; (b) that, when the statement by the Minister is published, 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 is published, 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, (ii) a trademark that was previously used in Canada and that has not been abandoned, or (iii) a trademark in respect of which an application for registration was previously filed in Canada and remains pending. Grounds — translation (2.1) A statement of objection with respect to a translation may be based on any of the following grounds: (a) that, when the statement by the Minister is published, the translation is not a faithful translation of the indication; (b) that, when the statement by the Minister is published, the translation is identical to a term customary in common language in Canada as the common name for the agricultural product or food; (c) that, when the statement by the Minister is published, the translation is confusing with (i) a registered trademark, (ii) a trademark that was previously used in Canada and that has not been abandoned, or (iii) a trademark in respect of which an application for registration was previously filed in Canada and remains pending. Content (3) A statement of objection shall set out (a) each ground of objection in sufficient detail to enable the responsible authority to reply to it; 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. Frivolous objection (3.1) At any time before the day on which the responsible authority files a counter statement, the Registrar may, at the responsible authority’s request or on his or her own initiative, reject the statement of objection if the Registrar considers that the statement does not raise a substantial issue for decision and shall give notice of his or her decision to the objector and to the responsible authority. Power to strike (3.2) At any time before the day on which the responsible authority files a counter statement, the Registrar may, at the responsible authority’s request, strike all or part of the statement of objection if the statement or part of it (a) is not based on any of the grounds set out in subsection (2) or (2.1); or (b) does not set out a ground of objection in sufficient detail to enable the responsible authority to reply to it. Counter statement (4) Within two 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 respons