Protecting Canada’s National Flag

Hi everyone! I may be the only one intrigued by this and who didn’t know but I thought it would be good to share with the rest of you that our own Canadian flag is protected under the Trademarks Act. I came across this finding on the Government’s website as it was posted by CIPO. https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr05045.html

After learning about its history and how the flag, as we know it today, was raised for the very first time on Parliament Hill in February 1965, it was subsequently advertised in the Trademarks Journal within the same year in April. This resulted in the prohibition of a third party using the flag “to give a misleading impression of government patronage and the association of the flag with commercial use”.

Section 9 of the Act states that:

• “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.”

Consequently, this means that anyone who wishes to use the National Flag of Canada or the stylised 11-point maple leaf must get express permission prior to do doing so. Although the manner in which the flag of Canada may be displayed is not governed by legislation, it is done so by established practise and convention. This is the link for the ‘Rules for flying the National Flag of Canada’. https://www.canada.ca/en/canadian-heritage/services/flag-canada-etiquette/flying-rules.html

Thank you for taking the time to read this 🙂