Guide to geographical indications in Canada : a practical business guide : market access support for EU business in Canada under CETA : last updated in April 2019.
Date: 2019-09-27
Institutions: Directorate-General for Trade and Economic Security
Subjects: Canada, agri-foodstuffs, beverage industry, consumer behaviour, designation of origin, domestic market, food industry, intellectual property, market access, market approval, packaged product, trade policy, user guide

GUIDE TO GEOGRAPHICAL 
INDICATIONS IN CANADA
A Practical Business Guide

Last updated in April 2019

Market Access Support for EU Business 
in Canada under CETA

Project funded by the 
EUROPEAN UNION

Guide to Geographical Indications in Canada

EXAMPLES OF EU GEOGRAPHICAL INDICATIONS

Kalix Löjrom

Irish Whiskey

Magiun de prune 
Topoloveni

Südtiroler Speck

GUIDE TO GEOGRAPHICAL 
INDICATIONS IN CANADA

WHAT IS A GEOGRAPHICAL INDICATION?

A geographical indication (GI) refers to a name, description or other signifier that 

is used to identify certain wines, spirits, agricultural products or food products as 
originating in the territory of a particular country, region or locality if a quality, reputation 

or other characteristic of the product is essentially linked to its geographical origin. 

Example of GIs include: Cognac, Scotch, Whisky, Sherry, Champagne, Parmigiano 

Reggiano, and Prosciutto di Parma.

Protection of GIs is relevant both economically and culturally. As GIs function to 

indicate a desirable quality, reputation or characteristic for a product, they can be 

a key distinguishing factor affecting consumer behavior and loyalty. GIs may also 

create value for local communities in promoting their tradition, culture and geography. 

For more information on GIs, please visit the European Commission’s website on 

geographical  indications.

1

WHAT TYPE OF PRODUCTS CAN BE PROTECTED 
AS GEOGRAPHICAL INDICATIONS IN CANADA? 

In Canada, GI protection is available to specific categories of products. For over twenty years, Canada has maintained a 

system to protect GIs for wines and spirits.

As a result of the EU-Canada Comprehensive Economic and Trade Agreement (“CETA”), Canada expanded its GI protection 

to the following 24 categories of food and agricultural products (in addition to wines and spirits) on 21 September 2017: 

CATEGORIES OF FOOD AND AGRICULTURAL PRODUCTS 
NOW ABLE TO BE PROTECTED AS GIS

Fresh, frozen and processed meats

13  Ginseng

Dry-cured meats

14 

Beverages from plant extracts

Fresh, frozen and processed ﬁsh products

15  Oils and animal fats

Butter

Cheeses

16 

Confectionery and baked products

17 

Sugars and syrups

Fresh and processed vegetable products

18 

Pasta

Fresh and processed fruits and nuts

19 

Table and processed olives

Spices

Cereals

20  Mustard paste

21 

Beer

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

Products of the milling industry

22  Vinegar

11  Oilseeds

12  Hops

23 

Essential Oils

24  Natural gums and resins – chewing gum

2

Guide to Geographical Indications in Canada

A  number  of  exceptions  may  apply  to  the  protection  provided  to  GIs.  The  situations  in  which  these 

exceptions  arise  can  be  complex,  depending  on  the  specific  GI  in  question,  the  category  of  goods,  and 

the  reason  why  a  non-GI  owner  is  using  the  GI.  For  example,  exceptions  or  limitations  to  GI  protection  are  

provided when:

●	 The GI is a person’s name or the person’s predecessor in title;

●	 The GI is a term customary in common language in Canada;

●	 The GI is used in comparative advertising (e.g., “Our product tastes better than...”);

●	 A business has previously acquired rights in Canada through use of a trademark, filing a trademark application or 

registering a trademark before a new GI is protected in Canada;

●	 A	qualifying	term	is	used	in	combination	with	certain	GIs	(i.e.,	Asiago,	Feta,	Φέτα,	Fontina,	Gorgonzola,	and	Munster);	

e.g., “Asiago” is a protected GI, but a non-GI owner may use the qualifying term “Asiago-style” cheese for products 

made in Canada under a specific scenario outlined in Annex A;

●	 An indication is commonly used in Canada to describe a specific product or category of products as listed in Canada’s 

Trade-marks Act (i.e., a “common name”); e.g., “Parmigiano Reggiano” is a protected GI, but use of the word “parmesan” 

for cheese is permitted.

A list of exceptions to GI protection can be found in Annex A of this guide. If a potential violation is suspected, GI owners 

are recommended to consider whether any of the exceptions may apply. If you have any questions, the Delegation of the 

European Union to Canada may be able to assist or direct you to an expert (see https://eeas.europa.eu/delegations/canada_en 

or email Delegation-Canada@eeas.europa.eu). 

Furthermore, please note that one condition to be eligible for GI protection is that the name in question must be protected 

as a GI in the EU.

3

WHERE CAN I FIND THE LIST OF PROTECTED 
GEOGRAPHICAL INDICATIONS IN CANADA? 

Over 170 new agricultural GIs were entered on the list of protected GIs on 21 September 2017 as a direct consequence of 

CETA. The Canadian Intellectual Property Office (“CIPO”) maintains a list of protected GIs. A list of protected GIs in Canada 

as of November 20, 2018 is provided in Annex B by clicking here.

List of Geographical Indications

View alphabetically

View by region

View All

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

Geographical Indications
Aachener Printen
Abanilla
Abondance
Aceite de Terra Alta
Aceite	del	Baix	Ebre-Montsía
Aceite del Bajo Aragón
Aceto	balsamico	Tradizionale	di	
Modena
Aceto	balsamico	di	Modena
Affile
Aglianico del Taburno
Aglianico del Vulture
Albana di Romagna
Albugnano
Alcamo
Aleatico di Gradoli
Aleatico di Puglia

File number
1858540
1278279
1858621
1858578
1858569
1858571
1858636

1858637
1283750
1283789
1283790
1283760
1283791
1283793
1283794
1283769

Date entered 
21/09/2017
18/09/2008
21/09/2017
21/09/2017
21/09/2017
21/09/2017
21/09/2017

21/09/2017
06/12/2010
06/12/2010
03/04/2007
18/09/2008
03/04/2007
16/02/2007
16/02/2007
03/04/2007

WHAT DOES A PROTECTED GI PROVIDE?
A protected GI provides the owner with the right to prevent another person or business from adopting or using the GI in 

Canada to describe goods that do not originate from the designated territory or goods that are not manufactured or produced 

in accordance with the law of the designated territory. It is important  to note that this right is limited to goods in the same 

category. Adoption of a GI includes using it to sell  and advertise goods in Canada, to import goods into Canada, and to 

export goods from Canada to other countries.

Are Translations Protected?

For	 wines	 and	 spirits,	 translations	 are	 protected	 as	 unauthorized	 use	 of	 the	 translation	 of	 a	 protected	 GI	 

is prohibited. 

For food and agricultural products, the situation will depend on how the GI protection was obtained:

GIs protected through CETA – Translations are protected;
GIs protected through applications in Canada – Translations for agricultural products or food products can be 
included in the same initial request to protect a GI. A separate request to protect translations can be made if the desired 

translation was not included in the original application.

4

Guide to Geographical Indications in Canada

HOW CAN YOU OBTAIN GEOGRAPHICAL 
INDICATION PROTECTION IN CANADA?
A request to have a GI listed in Canada must be submitted by or on behalf of a “responsible authority”, which is defined as 

an entity that is, “by reason of state or commercial interest, sufficiently connected with and knowledgeable” of the category 

of the product. The “state or commercial interest” of the responsible authority may include: national government; regional 

government; regulatory authority in the region concerned; association of producers in the region concerned; producer in the 

region concerned; etc.

Applications for new GIs are to be filed with the Canadian Intellectual Property Office. CIPO’s website contains a detailed 

guide on how to apply for protection of a new GI. A copy of this guide as of November 20, 2018 is provided in Annex C by 

clicking here. Requests for new GI applications in Canada can be sent to the following address:

Canadian Intellectual Property Office

Attn: Trademarks Branch

50 Victoria Street

Place du Portage, Phase I

Gatineau, Quebec, Canada

K1A 0C9

Please note that in the case of wines and spirits, it is not sufficient for a name to be listed in the 2003 Agreement between 

Canada and the EU to be protected in Canada. In the case of wines and spirits, a stand-alone application must always be 

submitted to Canadian authorities in each case. Indeed, the EU GIs included in the Agreement are eligible for protection 

in Canada but they are entered in the list of protected GIs only after an application has been submitted to CIPO and gone 

through the application process in Canada.

5

STEPS TO TAKE TO APPLY FOR GEOGRAPHICAL 
INDICATION PROTECTION IN CANADA

1)  SUBMISSION OF A REQUEST

•  CIPO’s website contains sample forms for wines and spirits and agricultural and food products, 
but the use of these forms is not required. A request may be submitted in the form of a written 
letter from a “responsible authority”. Copies of these sample forms as of November 20, 2018 
can be found in Annex D – for wines and spirits please click here and for agricultural and 
food products please click here.

•  A request must be accompanied by a CAD $450 government fee. 

2)  REVIEW BY CIPO

• 

In the process of reviewing a request, a CIPO examiner may seek additional information 
regarding the quality or reputation of the geographical indication from Agriculture and Agri-
food Canada. 

3)  PUBLICATION

•  When a CIPO Examiner concludes that a request meets all requirements, CIPO will publish 
details of the proposed GI on its website. • Any interested person will have two months from 
the publication date to file a Statement of Objection. 

4)  OBJECTION PROCEEDING (IF ANY)

•  Objection proceedings are similar to trademark opposition proceedings in nature. After an 
objector files a Statement of Objection, the responsible authority will be required to file a 
Counter Statement. Both the responsible authority and the objector will then have an opportunity 
to file evidence, provide written submissions and attend an oral hearing. There is a CAD 
$1,000 government fee to file a Statement of Objection to initiate the objection proceeding. 

5)  ENTRY ON THE LIST

• 

If no statement of objection has been filed, or if the objection proceeding has been withdrawn 
or rejected, the requested GI will be entered on the list maintained by CIPO and available 
online at www.ic.gc.ca/eic/site/cipointernet-internetopic. nsf/eng/wr04244.html.

6

Guide to Geographical Indications in Canada

TIMELINE ON OBTAINING GI PROTECTION IN 
CANADA THROUGH DIRECT APPLICATION

CIPO will issue receipt of request within 20 business days upon receipt of a paper request including the fee under normal 

circumstances.

This process can be delayed for a number of reasons, such as if CIPO requires additional information to complete its review.

HOW CAN YOU ENFORCE A 
PROTECTED GI IN CANADA?

Enforcement of protected GIs is possible through different mechanisms: (i) under the Trade-marks Act through the Canada 

Border Services Agency (“CBSA”) (ii) the Federal Courts, and (iii) the Food and Drugs Act, which may also present a potential 

avenue for enforcement, as it contains provisions prohibiting misleading labelling.

7

1. CBSA’s Request for Assistance Programme

What is the Request for Assistance Programme?

The CBSA has established a process called the “Request for Assistance” (“RFA”) programme that allows 

intellectual property rights holders to file a written request for the CBSA to temporarily detain suspected 

counterfeit and pirated goods encountered at the border. The RFA programme is a useful tool to fight 

against importation of counterfeit products entering into Canada.

The RFA programme helps the CBSA to identify and detain commercial shipments of goods suspected of 

violating IP rights. If goods suspected of violating IP rights are discovered during a commercial examination, 

the CBSA can use the information in the RFA application to contact the appropriate IP owners.

As a result of Canada’s CETA obligations, the RFA programme has been expanded to owners of protected 

GIs, in addition to owners of registered trademarks and copyrights. For example, the RFA programme 

can help to stop improperly labelled Champagne or Asiago cheese from entering into Canada.

How do you Enroll in the Programme?

Note that the RFA programme is available to owners of GIs that have been officially entered on the list 

of protected GIs in Canada. An application is not sufficient to provide eligibility for the RFA programme. 

Therefore, if possible, it is advisable for owners to seek GI protection in Canada in advance of any 

suspected	unauthorized	use.

Information on how to apply for the RFA programme can be found online at the CBSA’s website, www.

cbsa-asfc.gc.ca/security-securite/ipr-dpi/app-dem-eng.html. No application fees are required. However, 

if suspected goods are detained, the GI owner is responsible for the costs associated with the storage, 

handling and destruction of detained goods beginning on the day after the notice of detention is issued. 

While there is no cost to participate in the programme, owners who choose to pursue civil remedies 

through the RFA programme should be prepared to react quickly to avoid excess costs in storage of 

detained goods.

How long is the Application Valid for?

Each RFA application remains valid for two years. Enrollment in the RFA programme can be renewed. 

CBSA will not issue reminders, and it is the owner’s responsibility to ensure that the renewal request is 

submitted on a timely basis to ensure continued participation in the RFA programme.

2. Court Proceedings

A GI owner (e.g., a responsible authority) may initiate a court proceeding in Canada to prevent the use and adoption of a 
GI by another party. As conducting litigation can be quite complicated, owners are encouraged to seek legal advice from a 

Canadian lawyer to obtain more information.

8

Guide to Geographical Indications in Canada

3. Food and Drugs Act

One potential avenue to enforce GIs is to use the provisions that prohibit misleading labelling in the Food and 

Drugs Act. Enforcement of food safety and labelling concerns are typically handled by the Canadian Food 

Inspection Agency (“CFIA”). The CFIA website provides an online form to report a food safety and labelling 

concern, which is available at www.inspection.gc.ca/food/information-for-consumers/ report-a-concern/contact-us/

eng/1390269985112/1390346078752 . Anyone can file the complaint. Upon receiving such a complaint, the CFIA 

may conduct inspections and investigations and take administrative actions.

Contact Us - Reporting a Food Safety or Labelling Concern
If you have difficulty with the form you can use any of our other service channels to contact us. Please reaf the following Personal 
Information Collection Statement before completing this form.

!  You should see a doctor as soon as possible if you think you have a foodborne illness.

►	Personal Information Collection Statement

Sender Information

* First Name (required)

* Last Name (required)

* Daytime phone number (required)

* Email address (required)

* Confirm email address (required)

* How would you describe yourself (required)

Select from this list 

▼

* Location (required)

●	 Canada

●	 United States

●	 Other

9

Annex A
EXCEPTIONS TO GI PROTECTION

General Exceptions

 ① The GI owner provided consent.

 ② The GI is a person’s name or the person’s predecessor in title;

 ③ The GI is used in comparative advertising (e.g., “Our product tastes better than...”).

 ④ The GI is no longer protected by the law of the territory or has fallen into disuse.

 ⑤ The GI is a term customary in common language in Canada as

the common name for the wine, spirit, agricultural product or food;

• 
•  a customary name of a grape variety existing in Canada on or before January 1, 1998;
•  a customary name of a plant variety or an animal breed existing in Canada on or before the day the GI is entered 

as a protected GI in Canada.

 ⑥ Before the GI is entered as a protected GI in Canada, if

•  a business has acquired rights in Canada through use of the trademark; or
•  a business has filed a trademark application or secured a trademark registration.

These rights must have been acquired in “good faith”.

Exceptions for Specific GIs or Categories of Goods

 ① Exception with respect to wines and spirits

• 

if a Canadian has used the GI in a continuous manner (i) before April 15, 1984 or (ii) in good faith before April 15, 
1994.

 ② Exceptions	with	respect	to	“Asiago”,	“Feta”,	“Φέτα”	(Feta),	“Fontina”,	“Gorgonzola”	or	“Munster”

•  use of these GIs with a qualifying term such as “kind”, “type”, “style” or “imitation” is permitted;
•  use of these GIs is permitted if the geographical origin of the cheese is clearly displayed on the cheese or packaging.
• 

If a person has used the GI in connection with cheeses for before October 18, 2013;

 ③ Exceptions with respect to “Beaufort”

• 
• 

If a person has used the GI in connection with cheeses for at least 10 years before October 18, 2013;
If the cheese product was produced in the proximity of the Beaufort Range on Vancouver Island, British Columbia, 
Canada.

10

Guide to Geographical Indications in Canada

 ④ Exception with respect to “Nürnberger Bratwürste”

• 

If	a	person	has	used	the	GI	in	connection	with	fresh,	frozen	and	processed	meats	for	at	least	5	years	before	
October 18, 2013.

 ⑤ Exception with respect to “Jambon de Bayonne”

• 

If a person has used the GI in connection with dry-cured meats for at least 10 years before October 18, 2013.

 ⑥ Exceptions with respect to specific common names for spirits

•  Use of the following terms are permitted:

a.  Marc

b.  Sambuca

c.  Geneva Gin

d.  Genièvre

e.  Hollands Gin

f.  London Gin

g.  Schnapps

h.  Malt	Whiskey

i.  Eau-de-vie

j.  Bitters

k.  Anisette

l.  Curacao

m. Curaçao

 ⑦ Exceptions with respect to specific common names for Agricultural products or food

•  Use of the following terms are permitted:

a.  Valencia Orange

b.  Orange Valencia

c.  Valencia

d.  Black Forest Ham

g.  Bacon Tiroler

h.  Parmasan

i.  St. George Cheese

j.  Fromage St-George

e.  Jambon Forêt Noire

k.  Fromage St-Georges

f.  Tiroler Bacon

 ⑧ Exception for the use of “county” with respect to agricultural or food products.

• 

If “county” is used to refer to the name of a territorial division or an administrative division of a territory.

11

The European Union · www.europa.eu
The European Commission · www.ec.europa.eu
Delegation of the European Union to Canada · www.eeas.europa.eu/delegations/canada
CETA Market Access Programme for EU Business · www.euccan.com/about-the-ceta-market-
access-program/

Contact the CETA Programme Team via email at
ceta.market.access@development-solutions.eu

The content of this publication does not reflect 

the official opinion of the European Union.

Responsibility for the information and views 

expressed therein lies entirely with the author(s).

Reproduction is authorised provided 

the source is acknowledged.

© European Union, 2019

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PDF 

ISBN 978-92-76-03728-6  doi:10.2781/65315 
ISBN 978-92-76-03705-7  doi:10.2781/406423 

NG-01-19-453-EN-C 
NG-01-19-453-EN-N

Project funded by the 
EUROPEAN UNION