Non-French trademarks used in Quebec that are not registered with the Canadian Intellectual Property Office (CIPO) by June 1, 2025 will need to be translated into French. These changes brought by Bill 96 to Quebec’s Charter of the French Language require the translation to appear in equal prominence on labels and product packages, and in marked predominance on exterior or public signage.
Since it takes a minimum of 14-16 months to secure such a registration, trademark applications need to be filed now in order to meet this deadline. CIPO is also increasing its fees by 25%, effective January 1, 2024. Businesses that operate in Quebec or offer products and services in that province ought to register their non-French trademarks as soon as possible in order to comply with Bill 96, and avoid the 25% CIPO fee increase.
The fact that a mark is part of the corporate name of an entity or is part of a trade name registered in Quebec does not dispense it from obtaining such a registration. The requirement also applies to marks that designate specific products and services as well as tag lines.
We highly recommend an audit of the trademarks you are using or currently planning to use in Quebec to determine if filing new applications is advisable. You can carry out such an audit by accessing the database of the Canadian Intellectual Property Office.
Our trademark team is available to help you conduct a complete audit and secure registrations with CIPO in a timely manner.
Trademarks that consist exclusively of one or more invented words that are in no particular language are likely to be exempt. There is a risk that certain marks that include components derived from a language other than French will be targeted for enforcement. Our team can help you assess these risks.
Bill 96 gives the Office québécois de la langue française (OQLF) much broader enforcement powers. The OQLF can inspect, investigate, and issue orders against a broader range of entities. Bill 96 also created a new private right of action for all Quebec residents to seek injunctive relief and damages, including punitive damages.
Per Bill 96, a trademark owner or a licensee who is found to be noncompliant may face fines of up to CAD $30,000 per offense for a first offense, CAD $60,000 for a second offense, and CAD $90,000 for a third and subsequent offense. Furthermore, the continuation of noncompliant behavior may give rise to a separate offense for each day of noncompliance, incurring distinct fines per separate daily occurrence of noncompliance.
Finally, with regard to noncompliant products and product packaging, the OQLF may issue an order for failure to comply against anyone in the supply chain who distributes, sells, rents, offers for sale or rent, or otherwise offers the contravening product on the Québec market. This includes, among other sanctions for non-compliance, requiring the contravening party to cancel a contract of sale or recall noncompliant products. Orders may also be sought from online intermediaries or marketplaces.
