Most companies doing business in Canada prefer to use the same branding across all Provinces and Territories, particularly for consumer product labelling and signage of consumer-facing businesses. This means that Quebec's language law often defines how brands are presented across Canada. With new legislation adopted on May 25, 2022 (Bill 96), the Charter of the French Language is now much less favourable to trademark owners.
There has always been an exception allowing the use of trademarks in any language, whether registered or not. Bill 96 narrows this exception so as to apply only to registered trademarks. Non-French trademarks that are not registered when the amendments come into force will need to be translated into French. The French translation will either need to have equal prominence (for packaging and labelling) or be markedly predominant (for public signage and advertising). This will have significant adverse impacts.
This change will come into force on June 1, 2025. Trademark filings for unregistered trademarks should be made shortly as it now often takes 3 or more years to secure a trademark registration in Canada.
But there is more.
For exterior public signage in particular, certain amendments will require significant investment to ensure compliance, which will impair the visibility of trademarks. Starting on June 1, 2025, registered trademarks derived from a language other than French will need to be accompanied by French wording (which could be generic terms or slogans) that is markedly predominant. This means that the trademark will need to be 50% smaller than the French wording that surrounds it.
For product packaging, as of June 2025 if the registered trademark includes generic or descriptive words in a language other than French, these components will need to be translated on the package. This is not a requirement under currently applicable law. It remains to be seen how prominent this French translation will need to be.
Fines have been significantly increased as part of this reform.
While 2025 may seem far away now, the extent of these changes and the long delays to secure trademark registrations in Canada warrant that immediate attention be given so that steps can be taken to be ready to comply.
Several legal challenges are in the works to contest many aspects of this revised legislation, including the amendments affecting trademarks. It remains to be seen whether the Courts will determine that changes affecting federally protected trademarks in particular are truly within the constitutional authority of the Quebec government.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
