On June 1, 2022, Quebec’s Bill 96 amended the Charter of the French Language (the “French Charter”) to include changes to the use of English trademarks on product packaging.  Effective June 1, 2025, a registered trademark is generally exempt from the French language requirements (meaning it does not have to be in French).

While this largely codifies existing jurisprudence, accompanying amendments to the Regulation respecting the language of commerce and business (the “Regulation Amendments”) will require additional French wording in some cases, also effective June 1, 2025.

Background Information

Prior to Bill 96, Quebec enforced strict French language requirements for trademarks, requiring brands operating in the province to display their trademarks in French.  However, in Best Buy Stores Ltd v. Quebec (Attorney General), the Quebec Superior Court (the “QCSC”) held that displaying trademarks in a language other than French on public signs did not violate the Charter, provided there was no registered French version of the trademark. 

Trademark Exemption

Under the French Charter, text appearing on products must generally be in French.  Bill 96 effectively codifies the existing jurisprudence from Best Buy by providing an exemption for registered trademarks – as long as the trademark is officially registered, and no corresponding French trademark is registered.

The Regulation Amendments also extend the same treatment to “recognized trademarks”.  While that term is not defined, jurists generally believe the term would encompass “non-registered” trademarks (i.e., trademarks at common law).

Additional Translation Requirements for Trademarks

That said, the Regulation Amendments require that “generic terms” or “descriptions” which form part of a non-French trademark also be translated into French in equal prominence (e.g., the French translations of the non-French terms must be the same font size). 

“Generic terms” are defined as words that describe the nature of the product (e.g., “foaming body wash”, while “descriptions” are words that describe the characteristics of the product (e.g., “Ocean Breeze Scent”).  Any products manufactured before June 1, 2025 can continue to be sold until June 1, 2027, when all product labels will need to comply with the new trademark rules.

Takeaways

Business operating in Quebec need to be aware of the requirements of the Charter of the French Language which govern not only packaging, but also the use of language in contracts, advertising, signage – even websites! 

Not paying sufficient attention to these rules is bound to result in a visit from the Quebec Office of the French Language (the “OQLF”) who enforces the Charter.  Legal guidance is recommended as the Charter can be nuanced in some cases and the OQLF enforces the rules zealously.

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