- within Transport and Insolvency/Bankruptcy/Re-Structuring topic(s)
- with Senior Company Executives, HR and Finance and Tax Executives
- 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
