CANADA: New Bill 96 Regulation Offers Some Clarity for Brand Owners

The Quebec government has published the much-awaited final regulation (Regulation) clarifying the application of the trademark-related amendments to the Charter of the French Language (Charter) made by Bill 96.

Bill 96 made significant changes to the Charter, including in connection with the display of non-French trademarks on products, packaging and labeling, signage, and advertisements. This article focuses on products. The Regulation came out on June 26, 2024.

The Final Regulation and Products

Contrary to what appeared to be the case after Bill 96, the Regulation confirms that non-French trademarks on products do not need to be registered to be exempt from French translation; rather, they must be “recognized trademarks” within the meaning of the Trademarks Act, which has always been understood to include common law trademarks.

As with registered trademarks, the Regulation still requires the translation into French of any generic term or description of the product contained within a “recognized trademark” on the product or on “a medium permanently attached to the product.” The Regulation does not define “medium permanently attached to the product.”

Stakeholders had hoped for clarity on what constitutes a “generic term” or “description of the product.” The definitions are now set out in the Regulation, though they are vague. Notably, “the name of the product as sold” is excluded from “generic” and “description of the product.” This may lay to rest the concern among brand owners that the Charter amendments would impact the display of their brand names, but more clarity is needed.

Also excluded from the definitions are “designations of origin and distinctive names of a cultural nature.” This seems intended to cover geographic indications.

Phaseout for Noncompliant Products

The trademark portions of the Regulation will come into force on June 1, 2025. The Regulation provides that products that do not comply with the Charter and the Regulation can still be distributed and sold until June 1, 2027, as long as they were manufactured before June 1, 2025, and no French-language version of the product’s recognized trademark was registered as of June 16, 2024.

In addition, noncompliant products manufactured between June 1, 2025, and December 31, 2025, that are subject to the new labeling standards provided by the Regulations Amending the Food and Drug Regulations (Nutrition Symbols, Other Labelling Provisions, Vitamin D and Hydrogenated Fats or Oils) or the Regulations Amending the Food and Drug Regulations and the Cannabis Regulations (Supplemented Foods) are also afforded this grace period.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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