Stikeman Elliot LLP
The final amendments to the
Quebec Charter of the French Language (the “Charter”), introduced by Bill 96, will take effect on June 1, 2025. These changes are related to the appearance of non-French marks on product packaging and commercial signage. The government of Quebec, however, has reverted to the original intent of Bill 96 to limit the exception that allows “recognized”, non-French marks to appear on external signage or inscriptions only to those marks “registered” in accordance with the Trademarks Act of Canada. This change was made to the final version 0100 As of June 1, 2020, “recognized”, i.e. common law, non-French marks will be allowed to appear in external signage and inscriptions as long as certain conditions are met (described below). See our posts from August 2022, June 2023 and
January 2024 for a summary of the main business-related changes that Bill 96 made to the Charter.Product PackagingThe basic rule remains the same: there must be a French version of every inscription (i.e., label) on product packaging and on documents supplied with a product, such as the directions for use, warranty, etc., unless an exception applies. Other languages may be used, but they cannot be more prominent than the French inscription or be offered at a better price. This exception will be restricted as of June 1, 2025. If a generic term, product description, or packaging is included in an English language mark, it will need to appear in French. In each case, the name of the enterprise and the name of the product as sold is excluded
from the definition and may appear exclusively in English. In each case,
the name of the enterprise and the name of the product as sold is excluded
from the definition and may appear exclusively in English.The regulatory body responsible for compliance, the Office quebecoise la langue francaise (“OQLF“), has provided some visual representations of these rules on its website (available in French only), reproduced below for ease of reference:As of June 1, 2025, the above example will be considered non-compliant. Previously, the entire text was trademarked. The name of the product will not have to be translated because it is the name of the product as sold. “Happy Teeth” will not have to be translated because it is the name of the product as sold.
The above example will be considered compliant even after the June 1, 2025 changes, because the entirety of the text is produced in both languages other than “Happy Teeth” which is the name of the product as sold and can therefore appear on product packaging exclusively in English.Note that there is a grace period for non-compliant products which will still be allowed to be distributed, retailed, leased or sold until June 1, 2027, provided they were:Manufactured before June 1, 2025 and that no French-language version of the product’s trademark was registered before the end of February 2024;Manufactured between June 1-December 31, 2025 and subject to the new labelling standards provided by the Regulations Amending the Food and Drug Regulations (Nutrition Symbols, Other Labelling Provisions, Vitamin D and Hydrogenated Fats or Oils) or the Regulations Amending the Food and Drug Regulations and the Cannabis Regulations (Supplemented Foods).Public Signs and Posters
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Bill 96 modified the current trademark exemption for public signs and posters visible from outside premises and added new requirements if these signs and posters include the name of a business which includes an expression in a language other than French.
The basic rule remains the same: public signs and posters and commercial advertising must be in French. On such signs and posters and in commercial advertising, a trademark may be drawn up, even partially, in English, provided that no corresponding French version appears in the register kept by the Canadian Intellectual Property Office.
As of June 1, 2025, on public signs and posters
- visible from outside premises
- , as is the case of storefronts, French will be required to be
markedly predominant
where either a trademark or a business name appears in a language other than French.
Pursuant to the Amended Regulation, French is considered to be
marked predominantly where the text in French has a much greater visual impact, within the same visual field
, than the text in English. This means that the space allocated to the French language text must be at least twice the size of the space assigned to the other language text. It also means that the French language text must have the same level of legibility and visibility as the other language text. To ensure that French is clearly dominant, public signs and posters of a trademark or a business name visible from outside premises must be accompanied by terms in French, such as a generic term, describing the relevant products or services, or stating’slogan.’ To ensure that French is markedly predominant, public signs and posters of a trademark or a business name visible from outside premises must be accompanied by terms in French, in particular a generic term, a description of the relevant products or services, or a slogan.In case of non-compliance, the OQLF may, among other things, ask for an injunction to order the removal of signage which contravenes the Charter at the expense of the offending party.The OQLF has provided some visual representations of these rules on its website (available in French only), reproduced below for ease of reference:FinesFines for contravention of the above provisions of the Charter have been increased to between $700 and $7,000 for individuals and
$3,000 and $30,000
in other cases. For a second and subsequent offence, the minimum and maximum fines will be doubled and tripled. If the offence continues more than one day, then each day is considered a separate offense, which will multiply the amount of the penalty.
