Further to our article of June 17, 2021, as of May 24, 2022, the Quebec government has adopted Bill 96.

The amendments will considerably impact the use of non-French trademarks in Québec and would significantly limit the use of non-French trademarks on product packaging and labelling. The Bill also includes restrictions to public signage, posters and commercial advertising. The Bill will replace the ‘sufficient presence of French” with a requirement that the French text used with a non-French trademark be markedly predominant. The government as indicated that it will be adding to or amending its current regulations presumably to require greater prominence to the size or visibility of the French text.

Currently, a registered trademark or a trademark in use at common law (an unregistered trademark) in a language other than French is exempt from translation requirements when appearing on a product or its package or label, if no French version of the mark has been registered. The main consequences for trademark/business owners will be:

  • The exemption will only apply to registered trademarks. Essentially, common law or unregistered marks would require translation into French.
  • A registered trademark which includes a generic term or a description of the product would now have to appear in French elsewhere on the product or labels. No details have yet been provided as to what constitutes a generic term or description. The government has stated that it will adopt a regulation to define the nature of the terms “a generic term or description of the product”.

The requirements come into force three years after the adoption of Bill 96 – on May 24, 2025.

As many of you may be aware, there is currently a significant delay to obtain a registration in Canada of up to 3 years. Given the impact these amendments will have on trademark rights and on the ease of conducting business for the sale of products or provision of services destined for Québec, we strongly recommend reviewing your trademark portfolio and the packaging and labelling of relevant goods.

The filing of new applications for trademarks which are solely in use in Quebec or which contain descriptive or generic words in a language other than French should be undertaken as quickly as possible. Please note that The Canadian Trademarks Office has also created an accelerated queue for faster examination which we can assist clients in accessing.

Please contact Andrews Robichaud to further discuss strategies available for consideration.