ML
McMillan LLP
McMillan is a leading business law firm serving public, private and not-for-profit clients across key industries in Canada, the United States and internationally. With recognized expertise and acknowledged leadership in major business sectors, we provide solutions-oriented legal advice through our offices in Vancouver, Calgary, Toronto, Ottawa and Montréal. Our firm values – respect, teamwork, commitment, client service and professional excellence – are at the heart of McMillan’s commitment to serve our clients, our local communities and the legal profession.
Effective November 12, 2025, the Canadian Intellectual Property Office (CIPO) has updated its approach to trademarks and industrial designs that incorporate the 11‑point maple leaf from the National Flag of Canada.
Canada
Intellectual Property
To print this article, all you need is to be registered or login on Mondaq.com.
McMillan LLP are most popular:
- within Transport and Insolvency/Bankruptcy/Re-Structuring topic(s)
- with Senior Company Executives, HR and Finance and Tax Executives
- in Canada
- with readers working within the Accounting & Consultancy, Banking & Credit and Business & Consumer Services industries
Effective November 12, 2025, the Canadian Intellectual Property
Office (CIPO) has updated its approach to trademarks and industrial
designs that incorporate the 11‑point maple leaf from the
National Flag of Canada.
In brief:
- The Trademarks Office will no longer require applicants to
include a disclaimer of exclusive rights in the 11‑point
maple leaf. - The Industrial Design Office will no longer refuse registration
solely because a design includes the 11‑point maple
leaf. - This change follows a review of section 4 of Order in Council P.C.
1965‑1623, which sets out conditions that, if met, result
in consent to use the maple leaf in a trademark or industrial
design. Applicants remain responsible for ensuring they are
entitled to use the maple leaf, and voluntary disclaimers may still
be recorded. - CIPO has amended guidance materials to reflect this change,
including sections 4.7.3 and 4.11 of the Trademarks Examination
Manual and section 13.03.02 of the Industrial Design Office
Practice Manual.
The trademark practice notice is available for review here.
Impact on Corporate Brand Owners
These changes are expected to reduce examination hurdles, which
may streamline filings and shorten timelines for brand and product
design approvals. They provide greater flexibility for corporate
brand owners to incorporate the 11‑point maple leaf in
branding and packaging, provided that all lawful use and consent
requirements are satisfied. Existing applications that include
recorded disclaimers will remain unchanged, and no action is
required unless a strategic update is desired.
Practical Guidance: Using the Maple Leaf in Trademarks
and Industrial Designs
Before adopting the maple leaf in trademarks or industrial
designs, companies should conduct clearance and regulatory checks
to confirm entitlement under the relevant Order in Council. Brand
assets should avoid configurations that could imply government
endorsement or affiliation. Organizations should update brand
guidelines and design workflows to reflect the eased filing
requirements while maintaining robust compliance controls. When
filing such trademarks internationally, Canadian filing strategies
should be coordinated with international regimes, recognizing that
rules for national emblems vary by jurisdiction. For pending files,
applicants should consider whether removal of any voluntary
disclaimers is advantageous; for new filings, applicants should
generally omit disclaimers unless there is a specific strategic
reason to include them.
Successfully maneuvering through these changes to intellectual
property practice requires strategic insight and experience. Our
team is well-equipped to help you navigate the complexities that
arise from new notices and ensure compliance with prosecution of
applications at CIPO.
The foregoing provides only an overview and does not
constitute legal advice. Readers are cautioned against making any
decisions based on this material alone. Rather, specific legal
advice should be obtained.
© McMillan LLP 2025
link
