The passage of Bill 96, An Act respecting French, the official and common language of Québec (the “Act”), by the Quebec government raises many questions about its many repercussions on businesses.

Here is an overview of the impacts on trademarks in a language other than French in Quebec as well as practical advice for businesses with the steps they will need to take to comply with these new requirements that come into effect on June 1st, 2025.

Registration of trademarks

This Law will have a direct impact on the trademark registration strategy in Quebec. Currently, there is an exception that allows the use, under certain conditions, of a "recognized trademark" (interpreted to include both registered and unregistered trademarks) in a language other than French on products and in public displays.

However, as of June 1, 2025, the scope of this exception will be greatly reduced. Under the new rules, to use a trademark in English or another language, without a French translation, it must:

1. Be registered within the meaning of the Trademark Law;
2. Not have a corresponding French version on the trademark register.

If the trademark does not meet these two conditions, it must be accompanied by a French version, so that the French appears in a clearly predominant way.

Given the current delays in obtaining a trademark registration in Canada (the process can easily take more than three years), the requirement to have a registered trademark will certainly be problematic for companies wishing to use a mark in a language other than French in Quebec, without a French translation.

Generic or descriptive terms

In addition, generic or descriptive terms that are not in French, even those included in a registered trademark, will have to be translated into French.

Consequently, it will be forbidden to use generic or descriptive terms in a language other than French on a product without translating them, even if a trademark is registered with OPIC. Companies seem to have some flexibility in how they provide the French version, however, as long as it appears permanently on the product or on a medium permanently attached to it.

Public signs or posters visible from outside premises and commercial advertising

Bill 96 also has implications for public signs and businesses commercial advertising.

In addition to the conditions mentioned above, trademarks in a language other than French, even if they are registered, must be accompanied by a generic term or a slogan in French. The latter must be "clearly predominant" in relation to the trademark.

What can businesses do to comply with Bill 96?

In order to avoid sanctions, companies that use trademarks in a language other than French can take several preventive measures. A proactive approach will avoid delays, additional costs and fines in the event of non-compliance with the new rules. Here are some recommendations:

1. Draw up an exhaustive list of existing or future trademarks used in a language other than French;
2. Ensure that all trademarks used are registered if they are not in French;
3. Consult a trademark agent to develop the best strategy;
4. Quickly file applications for unregistered trademarks;
5. Establish a list of goods and services using the Canadian Intellectual Property Office (CIPO) Goods and Services Manual in order to speed up the registration process;
6. Review trademarks (registered or pending) containing generic or descriptive terms, to assess what will need to be translated.

Conclusion

In conclusion, Bill 96 will have a significant impact on the management and use of trademarks in Quebec. Businesses will need to take steps to comply with the new requirements to stay compliant with the law. It is recommended to ensure that trademarks are registered or that applications for registration are filed as soon as possible so that they can reach the registration stage before the entry into force of the new regulations (June 1st, 2025).

Is your business affected by these changes? Do not waste time and file your trademark applications as soon as possible, given the current deadlines with the Canadian Trademark Office (CIPO).

For any questions on the impacts of Law 96 on trademarks, we invite you to contact our team of experts for assistance in developing an optimal strategy and a better understanding of new requirements.