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Quebec's Bill 96 and Trademarks: Product Packaging and Labelling
On May 24, 2022, the Quebec government adopted Bill 96, An Act respecting French, the official and common language of Québec (the Act), which modifies the Charter of the French Language (the Charter) in several ways. The modifications brought by the Act will have a far-reaching impact on how businesses use trademarks on product packaging, labelling, public signage and in commercial advertising. This article is Part One of a two-part series on Bill 96 and trademarks and covers the effects of Bill 96 as they relate to product packaging and labelling and how best to comply with these new provisions. Part Two, next issue, will focus on public signage and in commercial advertising.
Product Packaging and Labelling Amendments
Prior to the adoption of Bill 96, a "recognized" trademark in a language other than French could be used in Quebec on a product package or label without being translated into French, provided that a French version of the trademark was not registered. See, s. 7(4) Regulation respecting the language of commerce and business, CQLR c C-11, r 9. The Act does not amend the Regulation.) The term "recognized trademark" had been interpreted to include both registered and applied for trademarks as well as common law trademarks. See, Quebec (AG) c 156158 Canada Inc. (Boulangerie Maxie's), 2015 QCCA 35.
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