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:
Manager
Canadian Symbols Promotion
Canadian Identity Directorate
Department of Canadian Heritage
Ottawa, Ontario K1A 0M5
Tel: (819) 994-1317
Fax: (819) 997-8777
Note: 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:
Manager
Canadian Symbols Promotion
Canadian Identity Directorate
Department of Canadian Heritage
Ottawa, Ontario K1A 0M5
Tel: (819) 994-1317
Fax: (819) 997-8777
Note: 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:
Senior Advisor
Information, Communication and Security
Federal Identity Program
Treasury Board of Canada
Ottawa, Ontario K1A 0R5
Tel: (613) 952-1618
Fax: (613) 946-5187
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