Geographical Indicators

While much as been said about the “right to be forgotten”, when it comes to branding, it is the contrary. You want to be remembered. But it comes at a price. And for brand owners, the price is that Canadian trademark Examiners can now use even mention of your brand by a third party on the internet to support the distinctiveness refusal of a Protocol Application.

The Beverage Industry Magazine recently reported 264% growth of online alcohol sales during the pandemic, giving the expression “hitting the bottle” a whole new dimension. In this and the next edition, we look at distinctiveness, how it is the Achilles heel of registrations and obstacle to Protocol Applications.

“There is more than one way to skin a cat” (so the proverb goes). Like the proverb, there is more than one way to secure a geographical descriptive mark. In this edition, we look at the obstacles faced by brands for wine, spirit, food, or other agricultural products that use the Madrid Protocol.