3. A proprietary brand is one:
(1) whose ownership and use belong exclusively to holder of a wine marker’s permit or the Société;
(2) whose ownership and exclusive use have been assigned only between holders of wine maker’s permits issued under section 30 of the Act respecting the Société des alcools du Québec (chapter S-13), or between such permit holder and the Société;
(3) which identifies an alcoholic beverage which was initially bottled or which will be initially bottled in Québec;
(4) which does not correspond to, or lead to confusion with, any other alcoholic beverage or other brand of alcoholic beverage marketed in Québec;
(5) which cannot be identified and associated with a person authorized by the Société to sell alcoholic beverages under subparagraph h of the first paragraph of section 17 of the Act respecting the Société des alcools du Québec or with a holder of a permit issued under the Act respecting liquor permits (chapter P-9.1).
Nothing in this Regulation shall operate to prohibit the holder of a wine maker’s permit from allowing the use by another person of his proprietary brand for bottling and marketing an alcoholic beverage if both activities are carried on outside Québec.
O.C. 2165-83, s. 3; O.C. 1797-91, s. 3; O.C. 457-2001, s. 2; O.C. 763-2004, s. 1; O.C. 337-2008, s. 1.