Complying with Quebec’s French language laws
Daniel Hansen via Unsplash
In 2022, the Quebec legislature passed the Act respecting French, the official and common language of Quebec (Bill 96), which included significant changes to the Charter of the French language (the Charter). Bill 96 contained many changes designed to protect the French language and culture in Quebec. In June 2024, final Regulations respecting the language of commerce and business were released. This guide addresses implications of the Regulations that are particularly relevant to trademark owners.
Products and packaging
Generally, all text appearing on a product sold in Quebec or its container or packaging must appear in French. The text may also appear in another language, including English, but not more prominently than the French. The other language also must not be available on “more favourable terms” than the French version.
Currently, a “recognized” trademark exception permits registered and unregistered trademarks to appear on products in English or another language without being translated into French, as long as there is no corresponding Canadian trademark registration for the French version.
On June 1, 2025, a new section of the Charter will come into force, which, on its face, appears to narrow the “recognized” trademark exception to a “registered” trademark exception. When this new provision was unveiled in 2022, it caused many rights holders to file trademark applications in a rush to try to secure registrations before June 1, 2025 and thus to avoid having to translate “recognized” but unregistered trademarks.
However, in the final version of the Regulations, which were released in June 2024, the Quebec government surprisingly walked back this narrowing of the exception and reverted to a “recognized” trademark exception.
One notable difference, however, between the “old” recognized trademark exception and the exception that will be in force as of June 1, 2025, is that, under the new regime, if the recognized trademark includes generic information or a description of the product, then that generic information or description must also appear in French.
A “description” is one or more words describing a product’s characteristics. A “generic term” is one or more words describing the nature of a product. The following are not descriptions or generic terms: the name of the enterprise and the name of the product as sold, designations of origin and distinctive names of a cultural nature.
It is also unclear whether a trademark that has been applied for in Canada but has not yet been used or acquired any significant goodwill qualifies as a recognized trademark.
The Regulations also provide that an inscription may be in a language other than French if the product is from outside of Quebec and the inscription does not concern safety and is “engraved, baked or inlaid in the product itself, riveted or welded to it or embossed on it, in a permanent manner.”
Products that do not comply with the new provisions may continue to be sold in Quebec until June 1, 2027 provided they were manufactured before June 1, 2025 and no French-language version of the product’s recognized trademark was registered before June 26, 2024.
Signage and commercial advertising
Generally, all text appearing on public signs and posters and commercial advertising must be in French. The text may also appear in another language, including English, if the French is “markedly predominant”, which generally means that the French version will have a much greater visual impact.
French has much greater visual impact if, within the same visual field: 1) the space allotted to French is at least twice as large as the other language; and 2) the French text’s legibility and permanent visibility are equivalent to that of the other language. For dynamic signage, French has much greater visual impact if it is visible for twice as long as the other language.
For public signs and posters and commercial advertising, there also remains a “recognized” trademark exception under the Regulations.
This guide was published as a service to readers and should not be relied upon as legal or professional advice. Any conclusions set out in this guide may not apply to your own circumstances. Please note also that subsequent changes to the law or relevant policies may affect the accuracy of this guide after its date of original publication. To obtain legal advice about your own situation, please contact us for more information.
