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On May 24, 2022, Quebec introduced new language requirements for businesses trying to sell goods and services to Quebeckers. The new language requirements are scheduled to come into force on June 1, 2025. Draft regulations issued January 10, 2024 provide a granular understanding of how Quebec plans to implement and enforce the proposed changes, but currently remain subject to amendment after a public consultation period.
In sum, the new requirements are intended to further strengthen the use French use as the dominant language in the province of Quebec and will generally require businesses to seek a trademark registration for all non-French trademarks used on product labels and signage.
More Restrictions on Use of Common Law or Unregistered Trademarks
For some time, Quebec has required businesses to use French as the predominant language on product labels, public signage and commercial publications. However, businesses were allowed to use “recognized” non-French trademarks as long as sufficient French appeared as well and there was no French equivalent trademark which had been registered by the business. In this regard, “recognized” non-French trademarks included both: (1) registered; and (2) common law or unregistered trademarks.
The new regulations have modified the exception to restrict the lawful use of “recognized” non-French trademarks to commercial publications.
1. Product Labels
For product labels, the exception permitting use of “recognized” non-French trademarks has been replaced with a requirement that businesses use only non-French trademarks for which,
(1) the business has:
a. a trademark registration; or
b. a pending trademark application;
and
(2) no French equivalent trademark has been registered by the business.
The regulations further specify that any generic or descriptive terms contained in the registered or applied-for-mark must be translated into French and the French translation on the label must be as prominent as the non-French terms in the mark. Generic terms are defined as words describing the nature of the product. Descriptive terms are defined as words describing the characteristics of the product.
With respect to product labels, the regulations provide two-year grace period until June 1, 2027 for compliance with these new requirements for any products manufactured before June 1, 2025 provided that no French equivalent trademark has been registered by the business.
2. Signage and Commercial Advertising
For signage and commercial advertising, the exception permitting use of “recognized” non-French trademarks has been wholly replaced with a requirement that businesses use only non-French trademarks for which,
(1) the business has a trademark registration; and
(2) no French equivalent trademark has been registered by the business.
In particular, there is no authorization to use non-French trademarks on signage and commercial advertising which are subject to a pending trademark application.
The regulations further specify that any non-French trademarks on signage and commercial advertising be accompanied by terms in French which have a “greater visual impact” than the non-French trademark. The terms in French may be a slogan, a generic term or a description of the associated goods or services or some combination thereof. To ensure the terms in French are predominant on signage and commercial advertising, the terms in French must occupy at least twice as large an area as the non-French trademark within the same visual field.
With respect to signage and commercial advertising, there is no grace period for compliance. Businesses will therefore be expected to comply with the new requirements for signage when the legislation is expected to come into force, namely June 1, 2025.
3. Commercial Publications
For commercial publications, the exception permitting use of “recognized” non-French trademarks is unchanged. As a result, business are permitted to continue using non-French trademarks in commercial publications for which,
(1) the business has:
a. a common law or unregistered trademark;
b. a trademark registration;
c. a pending trademark application;
and
(2) no French equivalent trademark has been registered by the business.
Also unchanged is the requirement that French versions of commercial publications be available to the public under conditions that are at least as favourable as non-French commercial publications.
Commercial publications include coupons, promotional emails, catalogues, brochures, leaflets, commercial directories, purchase orders as well as social media and websites directed at Quebec consumers.
Conclusion
Businesses operating or proposing to operate in Quebec should seek timely legal advice to ensure compliance with these new requirements prior to June 1, 2025. Those using non-French trademarks are advised to consider filing applications to register any non-French trademarks to qualify for the available exceptions for marks subject to a trademark registration or pending trademark application.