RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/117/Add.21
15 December 2000
(00-5482)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE
PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT
ON GEOGRAPHICAL INDICATIONS
Responses to the Checklist of Questions1
Addendum
HONG KONG, CHINA
The present document represents the responses to the Checklist which the Secretariat has
received from the Hong Kong Economic and Tr ade Office by means of a communication, dated
4 December 2000.
_______________
Hong Kong, China ("HKC") has notified its intellectual property laws to the World Trade
Organization under Article 63.2 of the TRIPS Ag reement.  HKC refers  to IP/N/1/HKG/2/Add.1,
paragraphs 22.1.0 to 24.9.2 which deal with HKC 's compliance with its obligations under Part II,
Section 3 of the TRIPS Agreement.
I. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a formal procedure for notification/registration
before protection is available;  or through both?  Does the recognition of a geographical indication
require registration?
Geographical indications ("GIs") are protected in HKC in a variety of ways.  A GI may be
protected under trademark law, either by way of registration as an ordinary trademark or as a
certification trademark (Trade Marks Ordinance (Cap.43) ("TMO")).  It is also possible to protect a
GI through the common law action of passing off.  Further, it is also a criminal offence to apply afalse description to goods.  Thus, any false indication of the place of manufacture of goods may
constitute an offence (please see the answer given to question 51, post).
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
There is no single regime for the protection of GIs.  Please see the answer to question 1
above.
                                                     
1 Documents IP/C/13 and IP/C/13/Add.1.IP/C/W/117/Add.21
Page 2
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
Yes.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws should be
provided and, if the texts of the laws have not been notified to the WTO, copies should be provided
pursuant to Article 63.2.
The following laws are relevant in connection with Article 22.2:
- An aggrieved party may begin an action for passing off under the common law to
prevent the misleading use of a GI.  Furthermore, the action of "passing off" ispreserved under Section 36 of the TMO.  Thus, any trader misrepresenting his goods
as those of another trader who has acquired a reputation, causing loss to the other
trader, faces an action for passing off.  The distinctiveness of a plaintiff 's goodwill in
his business can derive from his name, his mark, a description or the get-up of his
goods.  The owner of a certification trademark may bring an action under Section 67of the TMO in respect of any infringement.
- The use of a misleading GI may also constitute an offence under the Trade
Descriptions Ordinance (Cap.362) ("TDO"), where it is an offence for someone to
apply a false description to any goods.  The TDO defines, in Section 2, a "tradedescription" as, inter alia , an indication, direct or indirect, and by whatever means
given, of any of the following matters with respect to any goods or part of goods [.....]
method of manufacture, production, processing  or reconditioning [.....] approval by
any person or conformity with a type approved by any person [.....] place or date of
production [.....] person by whom produced [.....] other history including previousownership or use.  A trade description is false if it is false to a material degree.  It is
an offence, pursuant to Section 7 of the TDO, in the course of any trade or business,
to apply a false trade description to goods, or to supply or offer to supply any goods
to which a false trade description is applied, or to possess such goods.  Pursuant to
Section 12, it is also an offence to import or export any goods to which a false trade
description is applied.
- The relevant provisions of the TDO accordingly exceeds the protection required
under Article 22(2)(a) in that the criminal offences are not restricted to goods from a
region or locality where a given quality, reputation or other characteristic of the good
is essentially attributable to its geographic origin, but extends to any false description
of origin.
- To facilitate the prosecution of importers who import goods bearing a false
description of origin of the goods, a presumption is provided in Section 24A of the
TDO that evidence that the goods were imported from a country is prima facie
evidence that the goods were produced in that country.  Thus, the prosecution wouldnot have the burden of proving where the goods originated, simply relying on the
country from which they were imported.
The following laws are relevant in connection with Article 23.1:
- Under Section 12(1) of the TMO it is not lawful to register a trademark which would
be likely to deceive.  Section 12(1) may therefore be used to prevent the registrationIP/C/W/117/Add.21
Page 3
of a trademark, where such a registration is deceptive.  This is true whether the
application is for an ordinary trademark or a certification trademark.
- The action for passing off is also available for anyone who wishes to stop the use of a
GI where the true origin of the goods has been stated or is used with words like"kind", "type", "style", "imitation".  See, e.g.,  J. Bollinger v The Costa Brava Wine
Co [1961] RPC 116, where an attempt to use the words "Spanish Champagne" led to
the granting of an injunction for passing off in the face of "Champagne" wine
produced in the district of Champagne in France.  There is also the Taittinger v Allbev
[1993] FSR 641, where a passing off action succeeded against Elderflower
Champagne.
- Reference should also be made to the TDO.  This makes it an offence to apply a false
description to goods, or to supply or offer to supply any goods to which a false
description is applied.  Use of words like "style", etc., would not, however, give rise
to criminal offences as the description that the wine is of a named style is unlikely to
be false.
5. If the required recognition of geographical indications is not provided through statutes or
regulations, please explain, in detail, the mechanism or mechanisms through which the protection
required is provided.
N/A.
6. Please provide a few examples of domestic geographical  indications protected in
accordance with the means discussed above and indicate the means by which such protection is
provided.
- HKC has not registered any of its own GIs either as ordinary or certification
trademarks.
- Some applicants from other countries have made applications to HKC for ordinary
trademarks which incorporate GIs.  Such applications are liable to fall foul of
Section 9(1)(d) of the TMO which provides that a mark to be registerable in Part A
must consist of "a word or words having no direct reference to the character or quality
of the goods or services, as the case may be, and not being according to its ordinarysignification a geographical name or a surname".
- The Registrar of Trade Marks does not reject such marks, provided there is a
distinctive element in the mark.  In these cases, the Registrar requires that part of the
mark which is a GI be disclaimed and may also impose a condition of origin (so as toavoid deception).  Examples of these marks registered in HKC are :
Condition
"Courvoisier Le Cognac de
Napoleon" for cognac brandy- It is a condition of registration that the mark shall
be used only on Cognac brandy produced inFrance.
- The words "Le Cognac de Napoleon" have been
totally disclaimed.
"Champagne de Venoge" for
champagne- It is a condition of registration that the trademark
shall be used only on champagne produced in
Epernay, France.IP/C/W/117/Add.21
Page 4
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law under
which they are protected.
Article 23.2 corresponds to Article 22.3 but applies specifically to indications identifying
wines and spirits.  The same protection is provided in respect of Articles 22.3 and 23.2, namely:
- A party may oppose the registration of a misleading GI as a trademark or certification
trademark under the TMO, and may rectify the register if such a mark has been
registered.
- Section 12(1) of the TMO may be used to oppose the registration of a trademark on
the grounds that it is deceptive.  Section 20 of the TMO can be used if there are prior
registered marks which conflict with the mark applied for.  A registered trademark
which is deceptive, or has become deceptive, may be removed from the Register
under Section 48(1)(a) of the TMO (any "entry made in the register without sufficient
cause", or "any entry wrongly remaining on the register").
- Under Section 68 of the TMO, the entry of a certification trademark may be varied or
expunged by the Registrar of Trade Marks, or the court, if it can be shown, inter alia ,
that the proprietor is no longer competent to certify the goods, or it is no longer to the
public advantage that the mark should be registered.
- The action for passing off may also be used to restrain the use of a GI which is
misleading.
- The TDO also makes it an offence to apply a false description to goods, or to supply
or offer to supply any goods to which a false description is applied.
B. DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
- What constitutes a GI is a question of fact to be decided on a case by case basis.  The
essence of a GI is defined in Article 22(1) of the TRIPS Agreement.  The link
between origin and quality, reputation or other characteristic of the good is made.There is under current Hong Kong trademark law no special definition of a GI.
Section 3(2) of the new Trade Marks Ordinance (which HKC passed on 16
  June
2000, but has not yet been brought into force) makes it clear, however, that a
trademark may consist of an indication.  "Indication" is not specifically defined.
There are, however, a number of legal definitions which are useful to the owners ofGIs.  These are definitions of a certification trademark under the current TMO, and
the definition of trade description under the TDO.
- It is possible under the TMO to register a GI as a certification trademark (Section 64),
which is defined as a mark "adapted in relation to any goods to distinguish in thecourse of trade goods certified by any person in respect of origin, material, mode of
manufacture, quality, accuracy or other characteristic, from goods not so certified".
Regulations governing the use of a certification trademark must be supplied by an
applicant detailing, inter alia , the characteristics to be certified.IP/C/W/117/Add.21
Page 5
- Section 2 of the TDO is also relevant.  "Trade description" means:  "an indication,
direct or indirect, and by whatever means given, of any of the following matters with
respect of any goods or parts of goods, that is to say –
[…]
(h) place or date of manufacture prod uction, processing or reconditioning
(i) person by whom manufactured, pr oduced, processed or reconditioned."
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
There is no specific definition of a GI under HKC 's current trademark law.  The definition of
trademark as including an "indication" under the new Trade Marks Ordinance is a very broad one, and
could extend to GIs which are directly or indirectly linked to a specific region.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
Please see the answer to question 8 above.
11. Is there any human creativity involved in the making of specific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any human
factors?
There is no specific definition of a GI under HKC 's present trademark law (nor any such
definition contemplated under the new Trade Marks Ordinance).  It is thus difficult to quantify, for the
purposes of HKC's law, the amount of human creativity or other human factors involved.
12. Are there any other intellectual property rights involved, such as patents for example?
The normal route in HKC for the protection of GIs would be through the common law of
passing off and trademark law.  Whether other intellectual property rights are involved must depend
on the facts.  For example, the creation of a new GI which involves a logo might attract copyright
protection, but it would have to fall within Section 4 of the Copyright Ordinance which, inter alia ,
defines copyright as a property right subsisting in "original literary, dramatic, musical or artistic
works".  It is difficult to see how patent law can be relevant for GIs.  Section 93 of HKC's Patents
Ordinance states that an invention is patentable if "it is susceptible of industrial application, is new
and involves an inventive step"  (Section 93(1)).
13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
There is no such authority in HKC.  An application for a certification trademark in HKC may
be made on behalf of an association in a foreign country which has the power to define a particular
region or area for which rights are claimed.
14. Does your legislation contain criteria for homonymous geographical indications for wines?
There is no specific legislation in HKC dealing with homonymous geographical indications
for wines.  There is a general provision in the TMO enabling a trademark to be registered if it
complies with the provisions relating to concurrent use (Section 22).IP/C/W/117/Add.21
Page 6
15. Does your national legislation provide for recognition and protection of geographical
indications or appellations of origin of foreign countries?
There is no specific legislation in HKC to such recognition.  Geographical indications or
appellations of origin seeking protection in HKC would have to do so through TMO, the TDO or the
common law of passing off.  Please see the answer given to question 1 above.
16. Is there any specific prohibition in the legislation/regulations/ rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevant
statutory provision.
None.
C. PROCEDURE FOR RECOGNITION
17. With respect to any formal system for reco gnition of geographical indications, must the
applicant be a governmental organization or can a private entity own the rights to a geographical
indication?
There is no formal system for the recognition of GIs.  An application for a trademark
(including a certification trademark) may be made by a government organization or a private entity.
18. What are the competent authorities where the protection of a geographical indication can be
obtained?
Applications for a trademark (if that is the route sought for the protection of a GI) should be
made to the Trade Marks Registry, which is situated at the Intellectual Property Department, HKC.Where protection is sought, e.g., under the law of passing off, an action must be commenced through
the Hong Kong courts.
19. Do the procedures which lead to the recognition of a geographical indication take place ex
officio or must they be based on the initiative of an entity or person?
There must be an initiative by an entity or a person.  This could be, e.g., an application to the
Trade Marks Registry to register a trademark (including a certification trademark), or an action for
passing off commenced through the Hong Kong Courts.
20. What, if any, fees are involved in the application and maintenance of rights in a geographical
indication?
Fees are only involved where the route chosen for the protection of GIs is through a
trademark registration.  The fee for a tradem ark application is HK$1,400.  A fee of HK$2,000 is
payable for the registration of a trademark.  A fee of HK$4,100 is payable upon the renewal of a
trademark after the expiry of its term.
21. If criteria must be set out in an application for recognition of a geographical indication, are
those criteria purely geographic in nature?
No specific criteria applicable only to GIs exist under the current HKC law.  (Please see the
answer to question 8 above).
22. What other criteria, if any, must be set out in an application for recognition of a geographical
indication?IP/C/W/117/Add.21
Page 7
Please see the answer given to question 21 above.
23. What information must be supplied in an application for rights in a geographical indication?
Please see the answer given to question 21 above.
24. Must the goods or services with respect to which a geographical indication is claimed be set
out?
An attempt to protect a GI by an application for a trademark (including a certification
trademark) must set out the goods or services for which the mark is applied for.
25. What mechanisms are provided to oppose the recognition of a geographical indication?  How
is an investigation conducted after such a complaint?
- A trademark application (incorporating a GI) approved by the Registrar of Trade
Marks is advertised in the Government Gazette.  At this stage, any member of the
public has the right to oppose the registration of such a mark.  Opposition proceedings
are judicial proceedings before the Registrar of Trade Marks, who has to decide
between the claims of the applicant and the opponent.  Such proceedings are governed
by the provisions of the TMO (Section 15).
- Even after a trademark has been registered, it is possible for any member of the
public to revoke the registration of a mark on the grounds that, e.g., the entry of the
mark onto the Trade Marks Register was one wrongly remaining on the Register, or
an entry made in the Register without sufficient cause.
26. Who can oppose the recognition of a geographical indication?
Anyone can oppose the registration of a trademark (including a certification trademark)
involving a GI or which incorporates a GI.
27. If your national legislation provides for recognition and protection of geographical
indications or appellations of origin of foreign countries, what is the procedure that has to be followed
in order to obtain such recognition and consequent protection?
There is no specific legislation in HKC relating to the protection of GIs or appellations of
origin.  (Please see the answers to questions 8 and 21).
D. MAINTENANCE
28. How long does recognition for a geographical indication continue?
- If a GI has been protected by way of a registration of a trademark under the TMO, the
protection is, in theory, indefinite subject to the payment of a fee to renew the
registration of a trademark.  Under the TMO, a trademark is registered for an initial
period of 7 years, and thereafter for a period of 14 years.  The new Trade Marks
Ordinance will provide for a 10 year period of registration whereupon the mark can
be renewed.  The renewal period is also a 10 year period.
- Where the common law of passing off is resorted to, an owner of a GI has to take a
court action each time he feels that his rights are being challenged.IP/C/W/117/Add.21
Page 8
29. If recognition of a geographical indication must  be renewed or reaffirmed, what information
must be provided in order to effect such a renewal or reaffirmation?  Specify any fees involved in
renewal or reaffirmation.
Please see the answer given to questions 20 and 28 above.
30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
A GI that has been registered as a trademark (not being a certification trademark) under the
TMO has to be used.  If there has been no bona fide use for a five year period, the mark may be
revoked for non-use by proprietors (Section 37).  This is not the case where the GI has been registered
under the TMO as a certification trademark, as Section 37 does not apply in relation to a certification
trademark.
31. Is there a specified limit for non-use before rights in a geographical indication cease and, if
so, what is that limit?
Please see the answer to question 30 above.
32. Who monitors the use of geographical indications to determine if the criteria identified in the
application continue to be met?
The proprietor of a GI registered under the TMO as a certification trademark normally
sanctions the use of the certification trademark by others.  It is the responsibility of the proprietor to
see that the certification trademark is being properly used.  This can be compared with the situation ofa trademark (other than a certification trademark) registered under the TMO.  Such a trademark may
be used by a third party by way of a registered user agreement.  In these cases, it is the registered
proprietor who should monitor the use of a registered user agreement.
33. If a government entity is responsible for monitoring the use of geographical indications, what
are its procedures for doing so?
There is no government entity in HKC that monitors the use of GIs.
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?  Describe
the procedure.
Please see the answer to questions 25 and 30 above.
35. Do the procedures which lead to forfeiture of a geographical indication take place ex officio
or must they be based on the initiative of an entity or person?
The revocation of a trademark (incorporating a GI) that has already been registered depends
on the initiative of a third party.  The rejection of an application for a trademark on the ground, e.g.,that it is deceptive, may be taken by the Registrar of Trade Marks (Section 12(1) of the TMO).
E. S
COPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitted to obtain recognition of a geographical
indication use that geographical indication after recognition is given or must additional criteria orprocedures be followed by that party before use is permitted?IP/C/W/117/Add.21
Page 9
There is no separate Register of GIs in HKC.  As previously mentioned, it is possible to
protect a GI by way of a certification trademark under the TMO.  A proprietor of such a GI would
normally have to produce Regulations to the Registrar of Trade Marks showing who can use the mark.
Someone who satisfies the criteria set out in the Regulations would be allowed by the proprietor of the
certification trademark to use the mark.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognition or the entity that obtained the recognition?
In the case of a registered certification trademark or even in the case of a registered
trademark, it is the entity obtaining the recognition that will decide whether other parties may be
permitted to use the mark.
38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees and how are they established?
Whether a fee is charged for the use of a certification trademark depends on the proprietor of
the certification trademark, and what he has put into the Regulations.
39. If there is a dispute regarding use of a geographical indication by a particular party, what
procedures are followed to resolve it?
Where a GI has been protected by way of a certification trademark registered under the TMO,
disputes may arise as to the use of this mark betw een the proprietor of the certification trademark and
someone authorized to use the mark.  In such a case, an aggrieved person may apply to the Registrarof Trade Marks to vary the Regulations under which the certification trademark is used.  (Rule 56 of
the Trade Marks Rules, Cap.43.)  Where the GI has not been registered as a GI, a dispute as to who is
entitled to use such a GI may be resolved by passing off action under the common law.
40. Must individual authorized users of a geographical indication use that geographical
indication continually to retain their right to use it and, if so, how is their use determined and how
long will disuse be permitted?
The use of a GI registered as a certification trademark will be governed by what is stated in
the Regulations regarding such a mark.  It will be recalled that a certification trademark cannot be
revoked for non-use.  This is to be contrasted with the situation in respect of a trademark (other than a
certification trademark) registered under the TMO.  Such a mark may be used by someone other than
the registered proprietor by way of registered user.  However, non-use of such a mark for a period offive years may lead to such a mark being revoked for non-use.  It is for the proprietor of the mark to
ensure that his mark is being used by the registered user.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
Please see the answers to questions 32 and 40 above.
42. Does the regime for protection of geographical indications allow geographical indications to
be licensed and, if so, what conditions are imposed on such licenses?  If such conditions are not met,
what is the effect on the geographical indication?
Certification trademarks under the TMO cannot be licensed.  However, the law enables a
certification trademark to be used by a third party.  (See the position in respect of other marks
registerable under the TMO in the answer to question 40 above.)IP/C/W/117/Add.21
Page 10
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
HKC has no such provision in its laws.
F. RELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in recognizing a geographical indication, the obligations of
Article 16.1 of the TRIPS Agreement are not nul1ified and impaired?
The recognition of GIs in HKC depends on the TMO or on the common law of passing off.
There is no separate Register of GIs.  The protectio n of a GI has to be dealt with within the confines
of the TMO, or the law of passing off.  There is therefore no way that a separate registration of a GI
under a sui generis  GI system can prejudice the registration of a registered trademark under the TMO.
45. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
Please see the answer to question 44 above.
46. What procedures are foreseen in case of a conflict of a geographical indication with a
trademark?
Since HKC's system is based on trademark registration or the common law, and not a sui
generis  system for GI, there is no conflict.  Where the owner of a GI feels aggrieved at the registration
of a trademark under the TMO, he may seek to rectify the Trade Marks Register to effect the removal
of the trademark.
G. ENFORCEMENT
47. How are rights in the geographical indication enforced?  Are provisions available under
unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they have
not been notified under Article 63.2 of the TRIPS Agreement, please provide copies.
See generally above.  There is no specific unfair competition law in HKC.  GIs can be
enforced through registration as a trademark or certification trademark under the TMO; by way of
passing off for unregistered marks; and through prosecution (upon complaint to the Customs & Excise
Department, HKC) for any breach of the TDO (this being a criminal offence).  HKC has notified its
IP laws to the WTO.  Please see IP/N/1/HKG/2/Add.1 an d IP/N/6/HKG/1.
48. Who has the right to enforce a geographical indication?
The proprietor of the GI (whether under the law of passing off or as the proprietor of a
trademark or certification trademark) has the right to enforce a GI.
49. What judicial or administrative bodies have jurisdiction over enforcement actions related to
geographical indications?  Are there fees involved and, if so, what are those fees?
Administrative bodies do not have jurisdiction over enforcement action.  An enforcement
action for a trademark infringement or a passing off action would normally be brought in the Court of
First Instance.  The fees for issuing a writ for trademark infringement or for passing off is HK$1,045.
50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?IP/C/W/117/Add.21
Page 11
No.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so, describe
the procedures.  If the law has not been notified pursuant to Article 63.2 of the TRIPS Agreement,
please provide a copy.
The unauthorized use of a GI may be a criminal offence.  It is an offence under the TDO to
apply a false trade description to goods.  Thus, an y false indication of the place of manufacture of
goods is an offence which carries a maximum penalty on a conviction on indictment to a fine of
HK$500,000 and imprisonment for five years, and on summary conviction to a fine of HK$100,000
and imprisonment for two years.
H. INTERNATIONAL AGREEMENTS
52. Is your government party to an international, including bilateral or plurilateral, agreement
for the notification and/or registration of geographical indications?  If so, please name the
international agreement and explain the relationship between it an your national legislation.
HKC is not a party to any international or bilateral agreement on GIs.
53. What other international agreements, if any, have been entered into?  What do those
agreements provide?
Please see the answer to question 52 above.
II. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. GENERAL (SECTION A OF DOCUMENT IP/C/13)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or spirits against products not originating in the place
indicated by the geographical indication, even where the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by expressions such as "kind", "type",
"style", "imitation" or the like?
Please see the answer to question 4 under I above.
B. DEFINITION AND CRITERIA FOR RECOGNITION (SECTION B OF DOCUMENT IP/C/13)
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your economy's industrial property law and/or related law, or
are there any substantive criteria to distinguish these terms?
No.
3. Does your legislation contain criteria for homonymous geographical indications for wines
and spirits?
No.
C. RELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP/C/13)
4. Does your economy's industrial property law and/or related law provide the refusal or
invalidation of a trademark registration, which consists of or contains geographical indicationsIP/C/W/117/Add.21
Page 12
identifying wines or spirits with respect of such wines or spirits not originating in the indicated
territory?
A trademark application or the registration of a trademark can be challenged on the ground
that its registration is or would be deceptive (Section 12(1) of the TMO).
__________