Most companies doing business in Canada prefer to use the same
branding across all Provinces and Territories, particularly for
consumer product labelling and signage of consumer-facing
businesses. This means that Quebec's language law often
defines how brands are presented across Canada. With new
legislation adopted on May 25, 2022 (Bill 96), the Charter of the
French Language is now much less favourable to trademark
owners.
There has always been an exception allowing the use of
trademarks in any language, whether registered or not. Bill 96
narrows this exception so as to apply only to registered
trademarks. Non-French trademarks that are not registered when the
amendments come into force will need to be translated into French.
The French translation will either need to have equal prominence
(for packaging and labelling) or be markedly predominant (for
public signage and advertising). This will have significant adverse
impacts.
