Bill 96 was tabled today by the Government of
Quebec proposing sweeping revisions to the
Quebec's Charter of the French Language. Amongst
changes to bolster the use of French in education, commerce
and workplaces, the 100+ page bill includes significant changes to
the trademark exception commonly replied upon by businesses to use
English trademarks without translation.
The current trademark exception, currently found in regulations,
will be integrated within the Charter itself. The current exception
indicates that a trademark can be in another language only if it is
a "recognized" trademark (which has been confirmed by
courts to include registered and unregistered marks), unless a
French version has been "registered". The proposed
amendment says that a trademark can be in another language only if
it is a registered mark
under the Trademarks Act and no French version
is found on the Trademarks Register. This implies that a pending
application for a French version
