Commercial use of emblems

Use of the arms and of the flag of Canada for commercial purposes

The arms and the flag of Canada are protected by the The Trade Marks Act (Statutes of Canada Chapter T-13) against unauthorized use for commercial purposes.

"9. (1) No person shall adopt in connection with a business, as a trade mark or otherwise, any mark consisting of, or so nearly resembling as to be likely to be mistaken for......

e) the arms, crest or flag adopted and used at any time by Canada or by any province or municipal corporation in Canada in respect of which the Registrar has at the request of the Government of Canada or of the province or municipal corporation concerned, given public notice of its adoption and use..."

Requests for permission to use the above-mentioned symbols should be forwarded to:

Tel: (819) 994-1616
Fax: (819) 997-8550

Nota: A sketch of the intended use must be submitted by fax.

Use of the 11 point maple leaf

By Order in Council P.C. 1965-1623 (dated September 2, 1965), any person may use a design or trademark incorporating the maple leaf that forms part of the flag of Canada on the condition that:

1. the use of the design or trademark conforms to good taste;
2. an applicant for the registration of such design or trademark disclaims, in his application, the right to the exclusive use of the maple leaf; and
3. the owner of such design or trademark will not attempt to prevent anyone else from using the maple leaf.

Use of Canadian symbols abroad as an element of a foreign trademark

Under Article 6.ter of the Paris Convention for the Protection of Industrial Property (Stockholm text, 1967),

"(1)(a) The countries of the Union agree to refuse or to invalidate the registration, and to prohibit by appropriate measures the use, without authorization by the competent authorities, either as trademarks or as elements of trademarks, of armorial bearings, flags, and other State emblems, of the countries of the Union, official signs and hallmarks indicating control and warranty adopted by them, and any imitation from a heraldic point of view."

"(9) The countries of the Union undertake to prohibit the unauthorized use in trade of the State armorial bearings of the other countries of the Union when the use is of such a nature as to be misleading as to the origin of the goods.

Pursuant to paragrah 3 of Article 6.ter Canada has notified to the World Intellectual Property Organization its wish to protect the Canadian flag. coat of arms and 11 point red maple leaf emblem against unauthorized use.

Requests for registration should be forwarded to:

Tel: (819) 994-1616
Fax: (819) 997-8550

Nota: A sketch of the intended use must be submitted by fax.

Canada Wordmark

The "Canada" wordmark is the global identifier of the Government of Canada and is protected under the Trade-marks Act.

For more information:

Tel: (613) 952-1618
Fax: (613) 946-5187