May 27 2025 min read

Reminder for brand owners with interests in Quebec

As we approach 1 June 2025 (and hopefully warmer climes), brand owners doing business in Quebec are reminded of the coming into force of new legislation that places new restrictions on the use of English and other non-French trademarks on products, packaging, signs, posters and commercial advertising.

For example, this will impact businesses that produce one set of packaging for the Canadian market (i.e. in the English-speaking and French-speaking parts of the country).

To recap, only "recognized trademarks" may appear exclusively in a language other than French if no French version is registered on:

  • Products and product packaging
  • Public signs
  • Posters and other commercial advertising

We're recommending businesses adopt measures that will help avoid any disruption to your business in Quebec. In particular, having products taken off shelves or shops temporarily closed would have a negative impact on your business, and redesigning packaging would also involve time and cost. Businesses should also be wary of any bad publicity this could create too, perhaps particularly American businesses with the "elbows up" (or "jouer du coude") stance being adopted by some Canadian consumers.

Having a pending trade mark application is not likely to excuse you from the new requirements. Fast track registering a trade mark in Canada is not an option available, with Canada suffering from one of the slowest processing times of any Registry in a high-income country. Expedited examination is available but the circumstances allowing this are mostly around infringement.

It is, however, possible you could have Common Law rights through use in Canada, but reliance on this should be accessed carefully.

If the changes mean businesses have to use a French translation, depending on how this works with the particular mark (e.g. it could change the word order), then you should consider registering the French version too.

Please reach out to your usual Stobbs contact for any support navigating the new requirements.

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