Les Mis-Érables: The Fight to Be Earth’s Maple Capital

A sticky situation has arisen in Quebec as two communities have tapped themselves as the maple capital of the world. Plessisville, recognized as the Capitale mondiale de l’Érable (“World Maple Capital”), is a town located in the L’Érable (“Maple”) Regional County Municipality and claims to have used its maple moniker for more than 50 years, including registering it as an official mark in 1993. That worked sweetly until Mirabel, a suburb in the North Shore of Montréal, also obtained an official mark designating itself as the Capitale internationale de l’Érable (“International Maple Capital”) at the turn of 2026.

Both communities have serious claims to maple syrup production. Plessisville features one of the world’s three maple syrup reserves, accommodating up to 95,000 barrels of syrup, produces millions of pounds of maple syrup annually and claims its title reflects the community’s collective heritage.

Mirabel, for its part, is also no slouch when it comes to sap. With more than 30 sugar shacks, a Giant Maple Tree Contest and an annual Mirabel fête l'érable du Québec, maple syrup is an integral part of the suburb’s identity. Mirabel Mayor Roxanne Therrien aptly summarized the stakes: [translation] “Being recognized as the Capitale internationale de l’Érable is, above all, about carrying a collective vision. This title is not just about syrup: it is about identity, community and pride.”

In light of this competing official mark, Plessisville sent Mirabel a cease-and-desist letter requesting they stop referring to themselves as the Capitale internationale de l’Érable. Responding to Mirabel’s official mark, Member of the National Assembly Alex Boissoneault did not dilute his words: [translation] “There has only been one Capitale mondiale de L’Érable since 1976, and it is Plessisville, located in the L’Érable region. This title represents far more than symbolic recognition: it is a factual reality. The heart of maple production, the one that promotes Quebec worldwide, is here in our region. That is undeniable.”

But is there room for two maple capitals on this planet? The key to the competing claims arises from a quirk of the official marks regime: the Trademarks Office never checks if the mark can be used.

Official Mark vs. Trademark

In this instance, both Plessisville and Mirabel’s slogans are official marks, not trademarks. The distinction matters because trademarks and official marks offer different rights and forms of protection.

A trademark is a mark – such as a word, phrase or design – used by someone to indicate the source of goods or services. An owner must apply to the Canadian Intellectual Property Office to register a trademark, which will thoroughly examine the application to make sure it complies with formalities and substantive requirements. Of note, the trademark must not be confusingly similar to anyone else’s trademark. Once registered, the owner has the exclusive right to use that trademark across Canada in respect of the goods and services it has been registered with.

A trademark registration not only grants owners a right to enforce their trademark against others but also provides a defence against allegations of passing off someone else’s trademark. This is different from other forms of intellectual property, such as copyright and patents. Owning the copyright in a work or patent for an invention does not guarantee that the owner can exercise their copyright or patent rights without infringing someone else’s copyright or patent.

An official mark, on the other hand, is any mark adopted and used by a public authority in Canada, such as municipalities or tourism boards, where public notice of its adoption and use has been given. Official marks give their owners strong and broad protection for the mark, as they cover all goods and services for an indefinite duration without any requirement for ongoing use. Unlike a trademark, the Canadian Intellectual Property Office only examines official marks to confirm (a) the owner is a public authority and (b) the mark has been used: it never checks that the official mark does not conflict with anyone else’s mark.

The Mistaken Maple

Both Plessisville and Mirabel’s official marks grant them statutory protection against anyone else adopting a similar mark. However, an official mark acts as a sword, not a shield. They do not recognize a public authority’s right to use that mark.

In Ontario (Energy) v. Quality Program Services Inc., 2020 FCA 53, the Ontario government attempted to defend a claim that its use of emPOWERme infringed a trademark for EMPOWER ME by obtaining an official mark for emPOWERme after it had been sued. The Federal Court of Appeal affirmed that official marks provide no protection against trademark infringement or other claims under the Trademarks Act, and a public authority “that chooses to use a mark that is confusing to a registered trademark does so at its peril.”

Mirabel, as the newer maple capital, may have an official mark for Capitale internationale de l’Érable, but this does not necessarily mean it is allowed to call itself the Capitale internationale de l’Érable.

Trademarks and official marks generally operate on a “first come, first served” basis. The first person to use a mark can claim it for themselves, potentially in perpetuity.

In its press release, Mirabel positioned attaining its official mark as if the federal government had recognized and confirmed Mirabel as a leader in the maple industry. More accurately, the Trademarks Office gave notice of Mirabel’s adoption of Capitale internationale de l’Érable as a mark, as it was obligated under statute to do upon receiving Mirabel’s request. The Trademarks Office only inquires into an applicant’s right to claim a mark for itself; it does not endorse that the mark is true or earned.

Fundamentally, marks are a tool of marketing. They are statements of puffery, values and aspiration rather than merit-based evaluations. For example, the amusement park Cedar Point calls itself the Roller Coaster Capital of the World even though it has fewer roller coasters than Six Flags Magic Mountain. The title goes to the first person to stake the claim, not who has the best objective claim to the title.

Even if Mirabel produced more maple syrup, had more maple trees or had a longer history in the maple industry, Plessisville secured its intellectual property rights first. While it is open to debate who the title ought to go to, Plessisville remains the only one in Canada allowed to call itself the Capitale mondiale de l’Érable.

Takeaways

There is no sappy ending for Plessisville and Mirabel, who remain locked in their feud. Mirabel is intent on continuing with its Capitale internationale de l’Érable promotional campaign, while Plessisville maintains that Mirabel cannot keep its claim. Aspiring capitalists should conduct intellectual property rights searches, register their rights early and defend their capitals from usurpers.

The Intellectual Property Group at Aird & Berlis LLP has significant experience in clearing, obtaining and enforcing trademarks and official marks. For more information, please reach out to the authors or a member of the group.