Trademarks and changes to the Charter of the French Language – Be ready!

You have probably heard about the statute that will bring important changes to the Charter of the French Language (“Bill 96”) which is gradually coming into force since June 1, 2022. These changes could potentially have an impact on the use of your trademarks in Quebec.

Indeed, as of June 1^st, 2025, marks in a language other than French (i.e., not a word or expression in French or an invented expression that does not correspond to any language) will be allowed to be used in Quebec on goods or their packaging or on public signs in Quebec only if they are registered with the Registrar of Trademarks. In addition, generic or descriptive words in a registered trademark used on a product will have to be in French (although this latter requirement raises constitutionality issues). This thus changes the current practice, which allowed the use of any trademark in a language other than French, therefore including unregistered trademarks.

Although 2025 still seems a long way off, obtaining a trademark registration is not always possible and certainly not quick. Currently, the time frame for registering a mark varies between three and four years if everything goes smoothly.

In the event where an application for registration is opposed by a third party, two or three years can easily be added to the registration process if the opposition is finally rejected. It is therefore possible to wait up to seven years to obtain a registration, or ten years if the decision rendered in the opposition proceedings is appealed.

Moreover, for various reasons, an application for registration could be refused, thus denying the possibility of benefiting from the exception provided for trademarks in a language other than French.

Consequently, if you use or intend to use a trademark in a language other than French, it is strongly recommended to start as of now the searches required to assess the chances of obtaining a trademark registration and the necessary arrangements in this regard.

Our trademark professionals are highly experienced and will be pleased to assist you in this matter as well as in the protection of your trademarks in Canada and abroad.