Better Beleaf It! CIPO Modifies Trademarks And Industrial Design Practices For 11-Point Maple Leaf

On November 12, 2025, the Canadian Intellectual Property Office (CIPO) published a practice notice titled “Disclaimer of 11-point maple leaf” (the Notice), which indicated a change with respect to trademark applications that incorporate the 11-point maple leaf that forms a part of the National Flag of Canada.

Previously, trademark applicants were required to include a disclaimer of exclusive rights of the 11-point maple leaf if it appeared in their mark. The Notice states that, effective immediately, examiners of trademark applications will no longer require applicants to provide such disclaimers. CIPO noted that it will continue to record disclaimers if applicants choose to provide one.

Similarly, for Industrial Designs, past applications may have been refused if they incorporated the 11-point maple leaf on the basis of the design being contrary to public order. Following the Notice’s publication, the Industrial Design Office will no longer object to the registration of an Industrial Design solely on the basis that the design incorporates the 11-point maple leaf.

The Notice clarified that it is the applicant's responsibility to ensure that they are otherwise entitled to use their mark. Applicants using the 11-point maple leaf in their designs and marks should still follow the other conditions in Section 4 of Order in Council P.C. 1965-1623, including ensuring the:

• use of the design or trademark conforms to good taste; and
• owner of such design or trademark will not attempt to prevent anyone else from using the maple leaf.

CIPO also amended sections 4.7.3 and 4.11 of the Trademarks Examination Manual and section 13.03.02 of the Industrial Design Office Practice Manual to reflect these changes.

Summary By: Amy Ariganello