ARTICLE
20 November 2025

CIPO Relaxes Policy On IP Applications Incorporating The 11-Point Maple Leaf

C
Cassels

Contributor

Cassels Brock & Blackwell LLP is a leading Canadian law firm focused on serving the advocacy, transaction and advisory needs of the country’s most dynamic business sectors. Learn more at casselsbrock.com.
On November 12, 2025, the Canadian Intellectual Property Office (CIPO) updated its policy regarding use of trademarks and industrial designs...
Canada Intellectual Property
Cassels are most popular:
  • within Food, Drugs, Healthcare, Life Sciences and Cannabis & Hemp topic(s)
  • with Senior Company Executives, HR and Finance and Tax Executives
  • in Canada
  • with readers working within the Business & Consumer Services, Healthcare and Media & Information industries

On November 12, 2025, the Canadian Intellectual Property Office (CIPO) updated its policy regarding use of trademarks and industrial designs that incorporate the 11-point maple leaf, making it more streamlined and straight-forward for intellectual property applicants to incorporate the iconic symbol found in Canada's national flag.

Previously, applicants had to satisfy three requirements to use the 11-point maple leaf in a trademark or industrial design: (1) the trademark must conform to good taste, (2) a disclaimer of exclusive rights must be included in the trademark or design application, and (3) the owner must not prevent others from using the maple leaf.

Now, the Trademarks Office no longer requires applications incorporating the 11-point maple leaf to include a disclaimer of exclusive rights to the leaf (i.e., requirement (2) above), and the Industrial Design Office no longer refuses registration of designs that include the 11-point maple leaf on the grounds that the design is contrary to public order. Despite these changes, applicants remain responsible for ensuring they have the right to use the maple leaf in accordance with the remaining requirements under section 4 of Order in Council P.C. 1965‑1623. It is also recommended that any applicants for trademarks or designs incorporating the 11-point maple leaf consider obtaining consent from the Department of Canadian Heritage – while not explicitly mentioned in the Order in Council, guidelines issued by the Government of Canada suggest that consent is required for use of the 11-point maple leaf. Consent is a simple submission by electronic mail, the details of which can be found here.

The practice notice outlining these changes is available here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More