Quebec’s Bill 96 amendment to the “Charter of the French Language” Regarding Trademark Exemptions Effective Date is Approaching
Oct. 24 2024
The Quebec government adopted Bill 96, An Act Respecting French, The Official and Common Language of Quebec, in June of 2022. Bill 96 contained many amendments to Quebec’s Charter of the French Language Act which was originally adopted in 1977. Some of the Bill 96 amendments became effective immediately while others were given rolling effective dates out to June 2025.
One major amendment is the change to the current exemption for trademarks used on a product. The trademark exemption was a part of an amendment to the Charter in 1993. The trademark exemption, found within Chapter C-11, r.9, Regulation Respecting the Language of Commerce and Business, stated that a recognized trademark within the meaning of the Canadian Trade Marks Act may be in a language other than French.
The Bill 96 amendment revises the trademark exemption by adding, “if a generic term or a description of the product is included in the trademark, it must appear in French on the product or on a medium permanently attached to the product” as section 51.1 of the Charter. This means that general consumer information within a trademark will no longer be exempt and will need to be present in the French language as of the effective date of June 1, 2025.
Additional Information
To view the Charter of the French Language with amended language;
https://www.canlii.org/en/qc/laws/stat/rsq-c-c-11/latest/rsq-c-c-11.html
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